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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 modifie 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 anytime in accordance with this Agreement.
<br /> 2 . 8 The Consultant shall not be considered in default for a failure to p rform if such
<br /> failure arises out of causes reasonably beyond the Consultant' s control and through no
<br /> 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 /> 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 ork done on
<br /> any Project . Before execution of a Work Order, the Consultant shall consult with the
<br /> COUNTY to clarify and define the COUNTY' s requirements for the Project .
<br /> 3 . 3 The Consultant agrees to complete the Project within th time frame
<br /> specified in the 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
<br /> local laws , rules , regulations , policies , codes , and guidelines applicable to the Services
<br /> performed under this Agreement .
<br /> 3 . 6 The Consultant , as a part of the consideration hereof, does hereby
<br /> covenant and agree that : ( 1 ) in connection with the furnishing of Services to the
<br /> COUNTY hereunder, no person shall be excluded from participation in , denied the
<br /> benefits of, or otherwise subjected to discrimination in regard to the services to be
<br /> performed by Consultant under this Agreement on the grounds of suchperson ' s race ,
<br /> color, creed , national origin , religion , physical disability , age or sex ; and (2 ) the
<br /> Consultant shall comply with all existing requirements concerning discrimination
<br /> 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 tilne amended .
<br /> 4
<br /> F :\Public Works\KeithM\Administrative\Master Agreements for Stormwater Consultants\Master Consultant Contract - POST,
<br /> BUCKLEY, SCHUH & JERNIGAN Master Agreement - 3-3-2005 - Final Version . doc
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