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2 . 8 The Consultant shall not be considered in default for a failure to perform 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 work done on any
<br /> Project. Before execution of a Work Order, the Consultant shall consult with the COUNTY
<br /> 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 covenant
<br /> and agree that: ( 1 ) in connection with the furnishing of Services to the COUNTY
<br /> hereunder, no person shall be excluded from participation in , denied the benefits of, or
<br /> otherwise subjected to discrimination in regard to the services to be performed by
<br /> Consultant under this Agreement on the grounds of such person' s race , color, creed ,
<br /> national origin , religion , physical disability, age or sex; and (2) the Consultant shall comply
<br /> with all existing requirements concerning discrimination imposed by any and all applicable
<br /> local , state , and federal rules , regulations, or guidelines , as such rules , regulations , or
<br /> guidelines may be from time to time amended .
<br /> 3 . 7 The Consultant shall , during the entire term of this Agreement , procure and
<br /> keep in full force, effect, and good standing any and all necessary licenses, registrations,
<br /> certificates, permits, and any and all other authorizations as are required by local , state , or
<br /> federal law, in order for the Consultant to render its Services as described in this
<br /> Agreement . The Consultant shall also require all sub-consultants to comply by contract
<br /> with the provisions of this section .
<br /> 3 . 8 The Consultant will prepare all necessary sketches and completed
<br /> application forms to accompany the COUNTY' s applications for any required federal , state ,
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<br /> F:\Public Works\JamesG\Sectors 3 and 5 RFQ\Master Consultant Contract - Beach Restoration SOQ Master
<br /> Agreement_ATM_FI NA L. doc
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