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2025-176
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2025-176
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Last modified
9/26/2025 2:29:58 PM
Creation date
9/26/2025 2:24:24 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/09/2025
Control Number
2025-176
Agenda Item Number
9.I.
Entity Name
Shenandoah General Construction, LLC
Subject
Continuing Contract Agreement for As-Needed Culvert Replacement and Repair
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COUNTY. A separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each <br />phase of the services contained in any Work Order hereunder. <br />1.4 A Purchase Order shall not give rise to any contractual rights until it meets the foregoing <br />requirements. Each written Notice -to -Proceed and specific Purchase Order, as approved by the <br />COUNTY, shall be an addendum to this Agreement. Nothing contained in any Purchase Order shall <br />conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be <br />incorporated into each individual Purchase Order as if fully set forth therein. <br />1.5 No representation or guarantee is made by COUNTY as to the minimum or maximum <br />dollar value, volume of work, or type of work, if any, that CONTRACTOR will receive during the <br />term of this Agreement. <br />i.6 The Background Recitals are true and correct and form a material part of this Agreement. <br />2. COUNTY OBLIGATIONS <br />2.1 The COUNTY will provide the CONTRACTOR with a copy of any preliminary data or reports <br />available as required in connection with the work to be performed under this Agreement, together with <br />all available drawings, surveys, right-of-way maps, and other documents in the possession of the <br />COUNTY pertinent to a Project. The CONTRACTOR shall satisfy itself as to accuracy of any data <br />provided. The CONTRACTOR is responsible for bringing to the COUNTY's attention, for the County's <br />resolution, material inconsistencies or errors in such data that come to the CONTRACTOR'S attention. <br />2.2 The COUNTY shall arrange for access to, and make provisions for the CONTRACTOR <br />to enter upon, public and private property (where required) as necessary for the CONTRACTOR <br />to perform its Services, upon timely written request of CONTRACTOR to COUNTY. <br />2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. <br />2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, <br />specifications, proposals and other documents presented by the CONTRACTOR, and render, in <br />writing, decisions pertaining thereto within a reasonable time. <br />2.5 The COUNTY reserves the right to appoint one or more Project Managers for the <br />specific Services in connection with any Work Order. The Project Manager shall: <br />(a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit <br />instructions to and receive information from the CONTRACTOR; (c) communicate the <br />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 <br />obligations hereunder. <br />2.6 The COUNTY shall give prompt written notice to the CONTRACTOR whenever the <br />COUNTY observes or otherwise becomes aware of any development that affects the timing or <br />delivery of the CONTRACTOR's Services. If the CONTRACTOR has been delayed in completing <br />its Services through no fault or negligence of either the CONTRACTOR or any subcontractor, <br />and, as a result will be unable to perform fully and satisfactorily under the provisions of this <br />Agreement, then the CONTRACTOR shall promptly notify the Project Manager. In the <br />COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes <br />of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject <br />to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in <br />accordance with this Agreement. <br />2.7 The CONTRACTOR shall not be considered in default for a failure to perform if such <br />failure arises out of causes reasonably beyond the CONTRACTOR's control and through no fault <br />Agreement - 2 <br />
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