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2020-046
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Last modified
12/12/2022 3:27:31 PM
Creation date
3/17/2020 1:24:42 PM
Metadata
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Official Documents
Official Document Type
Agreement
Approved Date
03/10/2020
Control Number
2020-046
Agenda Item Number
12.C.1.
Entity Name
Carter Associates, Inc.
Subject
Lost Tree Islands Conservation Area Enhancement
Agreement for Professional Services
Area
Lost Tree Islands Conservation Area
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hereunder, shall not in any way relieve the Consultant of responsibility for the technical <br />accuracy and adequacy of the work. Neither the COUNTY's review, approval or <br />acceptance of, or payment for, any of the Services furnished under this Agreement shall <br />be construed to operate as a waiver of any rights under this Agreement or of any cause <br />of action arising out of the performance of this Agreement. The Consultant shall be and <br />remain liable in accordance with all applicable laws for all damages to the COUNTY <br />caused by the negligent performance by the Consultant of any of the Services furnished <br />under this Agreement. <br />2.6 The COUNTY reserves the right to appoint one or more Project Managers <br />for the specific Services in connection with this Agreement. The Project Manager shall: <br />(a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) <br />transmit instructions to and receive information from the Consultant; (c) communicate <br />the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) <br />determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and <br />obligations hereunder. <br />2.7 The COUNTY shall give prompt written notice to the Consultant whenever <br />the COUNTY observes or otherwise becomes aware of any development that affects <br />the timing or delivery of the Consultant's Services. If the Consultant has been delayed <br />in completing its Services through no fault or negligence of either the Consultant or any <br />sub -consultant, and, as a result, will be unable to perform fully and satisfactorily under <br />the provisions of this Agreement, then the Consultant shall promptly notify the Project <br />Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY <br />of evidence of the causes of the delay, this Agreement shall be modified in writing, <br />subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services <br />at any time in accordance with this Agreement. <br />2.8 The Consultant shall not be considered in default for a failure to perform if <br />such failure arises out of causes reasonably beyond the Consultant's control and through <br />no fault or negligence of the Consultant. The parties acknowledge that adverse weather <br />conditions, acts of God, or other unforeseen circumstances of a similar nature, may <br />necessitate modifications to this Agreement. If such conditions and circumstances do in <br />fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the <br />modifications to be made to this Agreement. <br />3. RESPONSIBILITIES OF THE CONSULTANT. <br />3.1 The Consultant agrees to perform all necessary Professional Design and <br />Engineering Services as outlined in Exhibit A, in connection with the assigned Project(s) <br />as set forth in this Agreement. <br />3.2 Reserved. <br />3.3 The Consultant agrees to complete the Project within the time frame <br />specified in Exhibit A, as may be modified from time to time based on the progress <br />of the construction contract. <br />3 <br />
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