Agreement, then the Consultant shall promptly notify the Project Manager. In the County's
<br />sole discretion, and upon the submission to the County of evidence of the causes of the
<br />delay, the Work Order shall be modified in writing as set forth in this Agreement, at no
<br />additional cost to the County, subject to the County's rights to change, terminate, or stop any
<br />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
<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 performance of
<br />Consultant's subconsultants and subcontractors is with Consultant's reasonable control.
<br />The parties also acknowledge that adverse weather conditions, acts of God, or other
<br />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
<br />Agreement.
<br />2.9 The County shall be responsible for acquiring all rights-of-way, easements, and
<br />other rights in land, as necessary to complete the project.
<br />2.10 The County shall be responsible for notifying residences in the Project area of
<br />the work, and informing them that Consultant will be encroaching on their properties for the
<br />purposes of conducting surveys and investigations.
<br />3. RESPONSIBILITIES OF THE CONSULTANT.
<br />3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A,
<br />in connection with the assigned Project as set forth in this Agreement.
<br />3.2 The Consultant agrees to complete the Project in a timely manner and within a
<br />mutually agreed upon schedule, as may be modified from time to time.
<br />3.3 The Consultant will maintain an adequate staff of qualified personnel and assign
<br />them to work on the project as necessary to complete the agreed upon scope of services.
<br />3.4 The Consultant will comply with all present and future federal, state, and local
<br />laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed
<br />under this Agreement.
<br />3.5 The Consultant, as a part of the consideration hereof, does hereby covenant and
<br />agree that: (1) in connection with the furnishing of Services to the County hereunder, no
<br />person shall be excluded from participation in, denied the benefits of, or otherwise subjected
<br />to discrimination in regard to the services to be performed by Consultant under this
<br />Agreement on the grounds of such person's race, color, creed, national origin, religion,
<br />physical disability, age or sex; and (2) the Consultant shall comply with all existing
<br />requirements concerning discrimination imposed by any and all applicable local, state, and
<br />federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from
<br />time to time amended.
<br />3.6 The Consultant shall, during the entire term of this Agreement, procure and keep
<br />in full force, effect, and good standing any and all necessary licenses, registrations, certificates,
<br />3
<br />
|