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2006-097
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2006-097
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Last modified
7/1/2016 3:44:50 PM
Creation date
9/30/2015 9:35:53 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/21/2006
Control Number
2006-097
Agenda Item Number
11.J.5.
Entity Name
Arcadis G&M, Inc.
Subject
Professional Services, part 1 of 3
Supplemental fields
SmeadsoftID
5536
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2 . 4 The COUNTY shall examine any and all studies , reports , sketches , drawings , <br /> specifications , proposals and other documents presented by the Consultant , and render, in <br /> writing , decisions pertaining thereto within a reasonable time . <br /> 2 . 5 Approval by the COUNTY of any of the Consultant's work , including but not <br /> limited to drawings , design specifications , written reports , or any work products of any <br /> nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of <br /> responsibility for the technical accuracy and adequacy of the work . Neither the COUNTY's <br /> review, approval or acceptance of, or payment for, any of the Services furnished under this <br /> Agreement shall be construed to operate as a waiver of any rights under this Agreement or <br /> of any cause of action arising out of the performance of this Agreement. The Consultant <br /> shall be and remain liable in accordance with all applicable laws for all damages to the <br /> COUNTY caused by the negligent performance by the Consultant of any of the Services <br /> furnished under this Agreement. <br /> 2 . 6 The COUNTY reserves the right to appoint one or more Project Managers for <br /> the specific Services in connection with any Work Order. The Project Manager shall : (a ) <br /> act as the COUNTY's agent with respect to the Services rendered hereunder; (b ) transmit <br /> instructions to and receive information from the Consultant; ( c) communicate the <br /> 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 the <br /> timing or delivery of the Consultant's Services . If the Consultant has been delayed in <br /> completing its Services through no fault or negligence of either the Consultant or any sub- <br /> consultant , and , as a result , will be unable to perform fully and satisfactorily under the <br /> 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 of <br /> evidence of the causes of the delay, the Work Order shall be modified in writing as set <br /> forth in this Agreement, 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 adverse weather <br /> conditions , acts of God , or other unforeseen circumstances of a similar nature , may <br /> necessitate modifications to this Agreement . If such conditions and circumstances do in <br /> fact occur, then the COUNTY and Consultant shall mutually agree , in writing , to the <br /> modifications to be made to this Agreement . <br /> 3 . RESPONSIBILITIES OF THE CONSULTANT . <br /> 3 . 1 The Consultant agrees to perform all necessary professional engineering , <br /> project design , construction phase services , and other Services in connection with the <br /> Services as set forth in the Work Orders and in this Agreement . <br /> 3 <br />
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