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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 toperform if such
<br /> failure arises out of causes reasonably beyond the Consultant' s control arid 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 professiona engineering ,
<br /> project design , construction phase services , and other Services in conne tion 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 work 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 the 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 Se ices 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 such parson ' 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 c iscrimination
<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 time amended .
<br /> 3 . 7 The Consultant shall , during the entire term of this Agreement , procure
<br /> and keep in full force , effect , and good standing any and all necessary licenses ,
<br /> registrations , certificates , permits , and any and all other authorizations as are required
<br /> by local , state , or federal law , in order for the Consultant to render its Services
<br /> as
<br /> described in this Agreement . The Consultant shall also require all sub-c nsultants to
<br /> comply by contract with the provisions of this section .
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<br /> F :\Public Works\KeithM\Administrative\Master Agreements for Stormwater Consultants\Master Consultant Contract - CARTER
<br /> ASSOCIATES Master Agreement - 3-3-2005 - Final Version .doc
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