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2003 S ERCD - Contract with Legacy Research Associates, Inc. for a Cultural & Archaeological Survey of NHSC Park Property
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2003 S ERCD - Contract with Legacy Research Associates, Inc. for a Cultural & Archaeological Survey of NHSC Park Property
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8/11/2011 2:16:15 PM
Creation date
8/11/2011 2:16:12 PM
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BOCC
Date
11/5/2003
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
8h
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Agenda - 11-05-2003-8h
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 11-05-2003
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11.4 Changes Mandatory: Nothing herein will be construed as relieving <br />Subconsultant of its obligations to perform the work, including without <br />limitation, the failure of the parties to agree upon Subconsultant's entitlement <br />to, or the amount of, any adjustment in time or compensation. If the work is <br />reduced by changes, such action will not be the basis for a claim based on <br />loss of anticipated profits. <br />11.5 Claims: Any claim by Subconsultant for an adjustment under this paragraph <br />must be asserted in writing fully supported by factual information to Client <br />within 30 days from the date of receipt by Subconsultant of the written <br />change authorization from Client or within such extension of that 30-day <br />period as Client, in its sole discretion, may grant in writing at Subconsultant's <br />request prior to expiration of said period. <br />ARTICLE 12 -WARRANTY AND GUARANTEE <br />12.1 Responsibility of the Subconsultant, Services: The Subconsultant shall <br />be responsible for the professional quality, technical accuracy, and the <br />coordination of all material produced. and other services furnished by the <br />Subconsultant under this Agreement. The Subconsultant shall, without <br />additional compensation, correct, or revise any errors or deficiencies in the <br />work or services provided, which are discovered within a twelve month period <br />of Final Completion of the work. If such deficiencies are not corrected in a <br />timely manner, the Client may cause the same to be corrected and deduct <br />such corrective action costs incurred from monies otherwise due to <br />Subconsultant. Subconsultant shall be liable for any such excess costs and <br />shall reimburse Client within 30 days of receipt of invoice. This warranty and <br />corrective action shall be in addition to any warranty or guarantee specified <br />elsewhere in the Contract Documents and shall not limit the application of any <br />other warranty or remedy available under law. <br />12.2 Responsibility. of Subconsultant, Equipment and Supplies: <br />Subconsultant warrants that all goods, supplies and equipment procured or <br />furnished under this Agreement shall be merchantable, free from defects in <br />material and workmanship and shall conform to applicable specifications and <br />drawings. If Subconsultant is responsible for the design of the product or <br />item according to performance specifications established by the Client, <br />Subconsultant warrants that all products or items so furnished shall be free <br />from defect in design and shall be fit and sufficient for the purpose intended <br />by the Client. Client's approval of the design furnished by the Subconsultant <br />does not relieve the Subconsultant of its obligations under this warranty. <br />ARTICLE 13 -SUSPENSION AND TERMINATION <br />13.1 Suspension of Work: Subconsultant will, upon written notice from Client's <br />Subcontract Administrator, suspend, delay, or interrupt all or a part of the <br />performance of Services to the extent directed. In such event, Subconsultant <br />will resume work upon the suspended activities only upon written notice from <br />Client's Subcontract Administrator. Where appropriate, an extension of the <br />Contract Time and/or Contract Price will be established by mutual agreement <br />between the Client and Subconsultant. <br />Page 8 of l1 <br />
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