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2023-079J
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2023-079J
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Last modified
5/16/2023 11:33:23 AM
Creation date
5/16/2023 11:32:04 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/02/2023
Control Number
2023-079J
Agenda Item Number
8.D.
Entity Name
OCI Associated, Inc.
Subject
Continuing Contract Agreement for Consulting Engineering Services
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5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services <br />under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a <br />mutually agreeable amended Work Order or a new Work Order. <br />5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion <br />of the Services under any Work Order at any time and for any reason, upon written notice to the <br />CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT <br />shall be paid for the Services already performed and also for the Services remaining to be done and <br />not reduced or eliminated, upon submission of invoices as set forth in this Agreement. <br />5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend <br />Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall <br />specify the period during which Services shall be stopped. The CONSULTANT shall resume its <br />Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in <br />writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess <br />of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject <br />to modification. The period during which the Services are stopped by the COUNTY shall be added <br />to the time of performance of this Agreement. <br />6. ADDITIONAL WORK <br />6.1 If services in addition to the Services provided hereunder are required or desired by the <br />County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: <br />separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either <br />directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order <br />or by a written amendment to a specific Work Order. <br />7. OWNERSHIP AND REUSE OF DOCUMENTS <br />7.1 Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic <br />files, specifications, field books, survey information, maps, contract documents, and other data first <br />developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said <br />materials shall be made available to the COUNTY by the CONSULTANT at any time during normal <br />business hours upon reasonable request of the COUNTY. On or before the tenth day after all work <br />contemplated under this Agreement or individual Work Order is complete, all of the above materials <br />shall be delivered to the County Project Manager. <br />7.2 Reuse of Documents: All documents, including but not limited to reports, drawings and <br />specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related <br />exclusively to the services described herein. They are not intended or represented to be suitable for <br />reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's <br />reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold <br />the CONSULTANT liable for any misuse by others. <br />8. INSURANCE AND INDEMNIFICATION <br />8.1 During the performance of the work covered by this Agreement, the CONSULTANT shall provide <br />the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in <br />the Agreement. <br />8.2 CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for <br />injuries to persons or damages to property which may arise from or in connection with the performance <br />of the work hereunder by the CONSULTANT, its agents, representatives, or employees. The cost of such <br />insurance shall be included in the CONSULTANT's fees. <br />2023015 Agreement - 6 <br />
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