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2007-146I
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2007-146I
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Last modified
5/16/2016 10:24:22 AM
Creation date
5/16/2016 10:24:19 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
05/01/2007
Control Number
2007-146I
Agenda Item Number
7.I.
Entity Name
Hazan and Sawyer
Subject
Contract Agreement for Servicesl
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2.3 The COUNTY shall promptly execute all permit applications necessary to <br /> the Project. <br /> 2.4 The COUNTY shall examine any and all studies, reports, sketches, <br /> drawings, specifications, proposals and other documents presented by the Consultant, <br /> and render, in writing, decisions pertaining thereto within a reasonable time. <br /> 2.5 Approval by the COUNTY of any of the Consultant's work, including but <br /> not limited to drawings, design specifications, written reports, or any work products of <br /> any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant <br /> of responsibility for the technical accuracy and adequacy of the work. Neither the <br /> COUNTY's review, approval or acceptance of, or payment for, any of the Services <br /> furnished under this Agreement shall be construed to operate as a waiver of any rights <br /> under this Agreement or of any cause of action arising out of the performance of this <br /> Agreement. The Consultant shall be and remain liable in accordance with all applicable <br /> laws for all damages to the COUNTY caused by the negligent performance by the <br /> Consultant of any of the Services furnished under this Agreement. <br /> 2.6 The COUNTY reserves the right to appoint one or more Project Managers <br /> for the 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) <br /> transmit instructions to and receive information from the Consultant; (c) communicate <br /> the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) <br /> determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and <br /> obligations hereunder. <br /> 2.7 The COUNTY shall give prompt written notice to the Consultant whenever <br /> the COUNTY observes or otherwise becomes aware of any development that affects <br /> the timing or delivery of the Consultant's Services. If the Consultant has been delayed <br /> in completing its Services through no fault or negligence of either the Consultant or any <br /> sub-consultant, and, as a result, will be unable to perform fully and satisfactorily under <br /> the provisions of this Agreement, then the Consultant shall promptly notify the Project <br /> Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY <br /> of evidence of the causes of the delay, the Work Order shall be modified in writing as <br /> set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or <br /> 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 <br /> such failure arises out of causes reasonably beyond the Consultant's control and <br /> through no fault or negligence of the Consultant. The parties acknowledge that adverse <br /> weather conditions, acts of God, or other unforeseen circumstances of a similar nature, <br /> may necessitate modifications to this Agreement. If such conditions and circumstances <br /> do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to <br /> the modifications to be made to this Agreement. <br /> 3 <br /> SmeadSoft Reprint Date:Friday,May 13,2016-13:46:23-OfficialDocuments:4856,Attachment Id 1,Page 63 <br />
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