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Last modified
3/2/2021 3:20:50 PM
Creation date
8/3/2020 3:56:01 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/07/2020
Control Number
2020-124C
Agenda Item Number
8.M.
Entity Name
Blue Goose Construction, LLC
Subject
2020 Agreement Utility Services; construction/repair water services RFP 2020039
Bid Number
2020039
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2020 Annual Labor Contract <br />RFP #2020039 <br />2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, <br />proposals and other documents presented by the CONTRACTOR, and render, in writing, decisions <br />pertaining thereto within a reasonable time. <br />2.5 Services furnished under this Agreement shall be construed to operate as a waiver of any <br />rights under this Agreement or of any cause of action arising out of the performance of this Agreement. <br />The CONTRACTOR shall be and shall remain liable in accordance with all applicable laws for all damages <br />to the COUNTY caused bythe negligent performance by the CONTRACTOR 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 forth e specific <br />Services in connection with any Work Authorization, however there will be only one Project Manager per <br />Work Authorization. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services <br />rendered hereunder; (b) transmit instructions to and receive information from the CONTRACTOR; (c) <br />communicate the COUNTY's policies and decisions to the CONTRACTOR regarding the Services; and (d) <br />determine, initially, whether the CONTRACTOR is fulfilling its duties, responsibilities, and obligations <br />hereunder. <br />2.7 The COUNTY shall give prompt written notice to the CONTRACTOR whenever the COUNTY <br />observes or otherwise becomes aware of any development that affects the timing or delivery of the <br />CONTRACTOR's Services. If the CONTRACTOR has been delayed in completing its Services through no fault <br />or negligence of either the CONTRACTOR or any Subcontractor, and, as a result, will be unable to perform <br />fully and satisfactorily under the provisions of this Agreement, then the CONTRACTOR shall promptly <br />notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of <br />evidence of the causes of the delay, the Work Authorization shall be modified in writing as set forth in this <br />Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any <br />time in accordance with this Agreement. <br />2.8 The CONTRACTOR shall not be considered in default for a failure to perform if such failure <br />arises out of causes reasonably beyond the CONTRACTOR's control and through no fault or negligence of <br />the CONTRACTOR. The parties acknowledge that adverse weather conditions, acts of God, or other <br />unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such <br />conditions and circumstances do in fact occur, then the COUNTY and CONTRACTOR shall mutually agree, <br />in writing, to the modifications to be made to this Agreement. <br />RESPONSIBILITIES OF THE CONTRACTOR. <br />3.1 The CONTRACTOR agrees to perform all necessary utilities labor and construction services <br />in connection with the assigned Project(s) as set forth in the Work Authorizations and in this Agreement. <br />3.2 The CONTRACTOR will endeavor not to duplicate any previous work done on any Project. <br />Before execution of a Work Authorization, the CONTRACTOR shall consult with the COUNTY to clarify and <br />define the COUNTY's requirements for the Project. <br />3.3 The CONTRACTOR agrees to complete the Project within the time frame specified in the <br />Work Authorization. <br />3.4 The CONTRACTOR will maintain an adequate staff of qualified personnel. <br />Sample Agreement - Page 3 of 21 <br />
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