|
COUNTY observes or otherwise becomes aware of any development that affects the timing or
<br />delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its
<br />Services through no fault or negligence of either the CONSULTANT or any sub -consultant, and, as
<br />a result will be unable to perform fully and satisfactorily under the provisions of this Agreement,
<br />then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion,
<br />and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order
<br />shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change,
<br />terminate, or stop any or all of the Services 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 such failure
<br />arises out of causes reasonably beyond the CONSULTANT's control and through no fault or
<br />negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of
<br />God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this
<br />Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and
<br />CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement.
<br />3. RESPONSIBILITIES OF THE CONSULTANT
<br />3.1 The CONSULTANT agrees to perform all necessary Services in connection with the
<br />assigned Project(s) as set forth in the Work Orders and in this Agreement.
<br />3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project.
<br />Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and
<br />define the COUNTY's requirements for the Project.
<br />3.3 The CONSULTANT agrees to complete each Project within the time frame specified in the
<br />Work Order.
<br />3.4 The CONSULTANT will maintain an adequate staff of qualified personnel.
<br />3.5 The CONSULTANT will comply with all present and future federal, state, and local laws,
<br />rules, regulations, policies, codes, and guidelines applicable to the Services performed under this
<br />Agreement.
<br />3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree
<br />that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be
<br />excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
<br />regard to the services to be performed by CONSULTANT under this Agreement on the grounds of
<br />such person's race, color, religion, sex, sexual orientation, gender identity, national origin, physical
<br />disability, or age; and (2) the CONSULTANT shall comply with all existing requirements concerning
<br />discrimination imposed by any and all applicable local, state, and federal rules, regulations, or
<br />guidelines; as such rules, regulations, or guidelines may be from time to time amended.
<br />3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full
<br />force, effect, and good standing any and all necessary licenses, registrations, certificates, permits,
<br />and any and all other authorizations as are required by local, state, or federal law, in order for the
<br />CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also
<br />require all sub -consultants to comply by contract with the provisions of this section.
<br />3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to
<br />accompany the COUNTY's applications for any required federal, state, or local permits. The
<br />CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information
<br />related to a permit application. The CONSULTANT will document all meetings, conversations, and
<br />communication. with permitting agencies. The CONSULTANT will provide the COUNTY with copies
<br />2023o6o Agreement - 3
<br />
|