Common use of Scope of Professional Services Clause in Contracts

Scope of Professional Services. 3.1 On the terms and conditions set forth in this Agreement, COUNTY hereby engages CONTRACTOR to provide all labor, materials and equipment to complete any assigned projects in accordance with the Statement of Work, attached hereto and incorporated herein as Exhibit A, and the RS Means Facilities Terms and Conditions, attached hereto and incorporated herein as Exhibit E. It is understood that the Statement of Work may be modified by change order as actual construction of any individual project progresses, but to be effective and binding, change orders must be in writing, executed by the parties, and in accordance with the COUNTY’S Purchasing Policies and Procedures. A copy of these policies and procedures shall be made available to the CONTRACTOR upon request. 3.2 CONTRACTOR acknowledges that time is of the essence in carrying out CONTRACTOR’s responsibilities under this Agreement. Completion times shall be as set forth in the Scope of Services, or as set forth in the specific Cost Estimate. All work shall be performed in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the CONTRACTOR except in such cases where the completion date will be delayed due to acts of God, strikes, or other causes beyond the control of the CONTRACTOR. In these cases, the CONTRACTOR shall notify the COUNTY of the delays two (2) days of the event causing the delay so that a revised delivery schedule can be appropriately considered by the COUNTY. Failure to notify the County within two (2) days will result in a waiver of the claim. No additional days shall be granted for average weather delays. Average number of days of rainfall will be determined by ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/climateinfo/historical/historical_fl.html. Days for calculating actual rainfall are days recorded with rainfall on ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. 3.3 This Agreement shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, and shall remain in effect for one (1) year. The pricing contained herein shall prevails for the full duration of the initial term unless otherwise indicated. Prior to, or upon completion, of the initial term, the COUNTY shall have the option to renew this Agreement for four (4) additional one (1) year terms. 3.4 The CONTRACTOR shall be solely responsible for obtaining all necessary approvals and permits. 3.5 The CONTRACTOR shall remain appropriately licensed and/or employ the services of a subcontractor who is appropriately licensed throughout the course of any project assigned hereunder to the CONTRACTOR. Failure to maintain all required licenses shall entitle the COUNTY, at its option, to terminate this Agreement. 3.6 Upon receipt of a project request from the COUNTY, the CONTRACTOR shall acquaint itself with the nature and location of the work; including, but not limited to those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, and roads; and uncertainties of weather or similar physical conditions at the site; the character of equipment and facilities needed preliminary to and during the completion of the Project. The CONTRACTOR further acknowledges that the CONTRACTOR will satisfy itself as to the character, quality and quantity of surface and subsurface materials, obstacles or conditions of the site. Any failure by the CONTRACTOR to acquaint itself with any aspect of the work or with any of the applicable conditions shall not relieve the CONTRACTOR from responsibility for adequately evaluating the difficulty or cost of successfully performing the work required, nor shall it be considered a basis for any claim for additional time or compensation. The COUNTY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the COUNTY. The COUNTY also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this contract, unless such understanding or interpretations are made in writing and incorporated herein by reference. 3.7 In the event of any conflict between the drawings, specifications, or provisions contained within this Agreement, the following shall govern: A. Addenda shall supersede all other contract documents to the extent specified in the addenda. Subsequent addenda shall supersede prior addenda only to the extent specified therein. B. Drawings and specifications are intended to agree and be mutually complete. Any item not contained within the drawings, but contained in the specifications, or vice-versa, shall be provided and/or executed as shown in either the drawing or specification at no extra cost to the COUNTY. Should anything not included in either the drawing and/or the specifications be necessary for the proper construction and/or operation of the project as herein specified, or should any error or disagreement between the specifications and drawings exist or appear to exist, the CONTRACTOR shall not derive unjust benefit thereby, or use such disagreement counter to the best interests of the COUNTY. The CONTRACTOR shall immediately notify the COUNTY’s Project Manager of any discrepancy and await the Project Manager’s direction before proceeding with the work in question. 3.8 CONTRACTOR acknowledges and agrees that CONTRACTOR shall utilize the U.S. Department of Homeland Security’s E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of: A. All persons employed by the CONTRACTOR during the term of this Agreement to perform employment duties within Lake County; and B. All persons, including subcontractors, assigned by the CONTRACTOR to perform work pursuant to the contract. 3.9 CONTRACTOR acknowledges and agrees that, in accordance with Section 255.099, Florida Statutes, if any project assigned hereunder is being supported in whole or in part by State funding the CONTRACTOR shall give preference to the employment of state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of non-residents. If the CONTRACTOR is required to employ state residents, the CONTRACTOR shall contact the Department of Economic Opportunity to post the employment needs in the State’s job bank system. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States.

Scope of Professional Services. 3.1 On the terms and conditions set forth in this Agreement, COUNTY hereby engages CONTRACTOR to provide all labor, materials and equipment to complete any assigned projects the Project in accordance with the Statement of Work, Plans and Specifications, attached hereto and incorporated herein as Exhibit A, and the RS Means Facilities Terms and Conditionsas modified by Addendum #1, attached hereto and incorporated herein as Exhibit E. dated . It is understood that the Statement of Work may be modified by change order as actual construction of any individual project the Project progresses, but to be effective and binding, any such change orders order must be in writing, executed by the parties, and in accordance with the COUNTY’S ’s Purchasing Policies and Procedures. A copy of these policies and procedures shall be made available to the CONTRACTOR upon request. 3.2 CONTRACTOR acknowledges that time is of the essence in carrying out CONTRACTOR’s responsibilities under this Agreement. Completion times CONTRACTOR shall be as set forth in complete the Scope of Services, or as set forth in Project within sixty (60) calendar days after the specific Cost EstimateNotice to Proceed is issued. All work shall be performed in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the CONTRACTOR except in such cases where the completion date will be delayed due to acts of God, strikes, or other causes beyond the control of the CONTRACTOR. In these cases, the CONTRACTOR shall notify the COUNTY of the delays two (2) days in advance of the event causing the delay original completion so that a revised delivery schedule can be appropriately considered by the COUNTY. Failure to notify the County within two (2) days will result in a waiver of the claim. No additional days shall be granted for average weather delays. Average number of days of rainfall will be determined by ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/climateinfo/historical/historical_fl.html. Days for calculating actual rainfall are days recorded with rainfall on ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. 3.3 This Agreement shall commence on upon the first calendar day date of the month succeeding approval of the contract by the Board of County Commissioners, purchase order or related Notice to Proceed and shall remain in effect for one (1) year. The pricing contained herein shall prevails for until such time as the full duration of the initial term unless otherwise indicated. Prior tocommodities, or upon completion, of the initial term, the COUNTY shall have the option to renew equipment and/or services acquired in conjunction with this Agreement for four (4) additional one (1) year termshave been delivered, completed and accepted by the COUNTY’s authorized representative and the end of any warranty periods. 3.4 The CONTRACTOR shall be solely responsible for obtaining all necessary approvals and permits. 3.5 The CONTRACTOR shall remain appropriately licensed and/or employ the services of a subcontractor who is appropriately licensed throughout the course of any project assigned hereunder to the CONTRACTORProject. Failure to maintain all required licenses shall entitle the COUNTY, at its option, to terminate this Agreement. 3.6 Upon receipt The CONTRACTOR acknowledges that it has sufficient understanding of a project request from the COUNTY, the CONTRACTOR shall acquaint itself with the nature and location of the work; includingthe general and local conditions, including but not limited to to, those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, and roads; and uncertainties of weather or similar physical conditions at the site; the character of equipment and facilities needed preliminary to and during the completion of the Project. The CONTRACTOR further acknowledges that the CONTRACTOR will satisfy has satisfied itself as to the character, quality and quantity of surface and subsurface materials, obstacles or conditions of the site. Any failure by the CONTRACTOR to acquaint itself with any aspect of the work or with any of the applicable conditions shall not relieve the CONTRACTOR from responsibility for adequately evaluating the difficulty or cost of successfully performing the work required, nor shall it be considered a basis for any claim for additional time or compensation. The COUNTY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the COUNTY. The COUNTY also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this contract, unless such understanding or interpretations are made in writing and incorporated herein by reference.its 3.7 In the event of any conflict between the drawings, specifications, or provisions drawings and specifications contained within this Agreement, the following shall govern: A. Addenda shall supersede all other contract documents to the extent specified in the addenda. Subsequent addenda shall supersede prior to addenda only to the extent specified therein. B. Drawings and specifications are intended to agree and be mutually complete. Any item not contained within the drawings, but contained in the specifications, or vice-versa, shall be provided and/or executed as shown in either the drawing or specification at no extra cost costs to the COUNTY. Should anything not included in either the drawing and/or the specifications be necessary for the proper construction and/or operation of the project as herein specified, or should any error or disagreement between the specifications and drawings exist or appear to exist, the CONTRACTOR shall not derive unjust benefit thereby, or use such disagreement counter to the best interests of the COUNTY. The CONTRACTOR shall immediately notify the COUNTY’s Project Manager of any discrepancy and await the Project Manager’s direction before proceeding with the work in question. 3.8 CONTRACTOR acknowledges and agrees that CONTRACTOR shall utilize the U.S. Department of Homeland Security’s E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of: A. All persons employed by the CONTRACTOR during the term of this Agreement to perform employment duties within Lake County; and B. All persons, including subcontractors, assigned by the CONTRACTOR to perform work pursuant to the contract. 3.9 CONTRACTOR acknowledges and agrees that, in accordance with Section 255.099, Florida Statutes, if any project assigned hereunder this Project is being supported in whole or in part by State funding the CONTRACTOR shall give preference to the employment of state residents in the performance of the work on the project Project if state residents have substantially equal qualifications to those of non-non- residents. If the CONTRACTOR is required to employ state residents, the CONTRACTOR shall contact the Department of Economic Opportunity to post the employment needs in the State’s job bank system. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States.

Scope of Professional Services. 3.1 On the terms and conditions set forth in this Agreement, COUNTY hereby engages CONTRACTOR to provide all labor, materials and equipment to complete any assigned projects in accordance with the Statement of Work, attached hereto and incorporated herein as Exhibit A, and the RS Means Facilities Terms and Conditions, attached hereto and incorporated herein as Exhibit E. A. It is understood that the Statement of Work may be modified by change order as actual construction of any individual project progresses, but to be effective and binding, change orders must be in writing, executed by the parties, and in accordance with the COUNTY’S Purchasing Policies and Procedures. A copy of these policies and procedures shall be made available to the CONTRACTOR upon request. 3.2 CONTRACTOR acknowledges that time is of the essence in carrying out CONTRACTOR’s responsibilities under this Agreement. Completion times shall be as set forth in the Scope of Services, or as set forth in the specific Cost Estimate. All work shall be performed in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the CONTRACTOR except in such cases where the completion date will be delayed due to acts of God, strikes, or other causes beyond the control of the CONTRACTOR. In these cases, the CONTRACTOR shall notify the COUNTY of the delays two (2) days of the event causing the delay so that a revised delivery schedule can be appropriately considered by the COUNTY. Failure to notify the County within two (2) days will result in a waiver of the claim. No additional days shall be granted for average weather delays. Average number of days of rainfall will be determined by ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/climateinfo/historical/historical_fl.html. Days for calculating actual rainfall are days recorded with rainfall on ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. 3.3 This Agreement shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, and shall remain in effect for one one (1) year. The pricing contained herein shall prevails for the full duration of the initial term unless otherwise indicated. Prior to, or upon completion, of the initial term, the COUNTY shall have the option to renew this Agreement for four (4) additional one (1) year terms. 3.4 The CONTRACTOR shall be solely responsible for obtaining all necessary approvals and permits. 3.5 The CONTRACTOR shall remain appropriately licensed and/or employ the services of a subcontractor who is appropriately licensed throughout the course of any project assigned hereunder to the CONTRACTOR. Failure to maintain all required licenses shall entitle the COUNTY, at its option, to terminate this Agreement. 3.6 Upon receipt of a project request from the COUNTY, the CONTRACTOR shall acquaint itself with the nature and location of the work; including, but not limited to those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, and roads; and uncertainties of weather or similar physical conditions at the site; the character of equipment and facilities needed preliminary to and during the completion of the Project. The CONTRACTOR further acknowledges that the CONTRACTOR will satisfy itself as to the character, quality and quantity of surface and subsurface materials, obstacles or conditions of the site. Any failure by the CONTRACTOR to acquaint itself with any aspect of the work or with any of the applicable conditions shall not relieve the CONTRACTOR from responsibility for adequately evaluating the difficulty or cost of successfully performing the work required, nor shall it be considered a basis for any claim for additional time or compensation. The COUNTY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the COUNTY. The COUNTY also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this contract, unless such understanding or interpretations are made in writing and incorporated herein by reference. 3.7 In the event of any conflict between the drawings, specifications, or provisions contained within this Agreement, the following shall govern: A. Addenda shall supersede all other contract documents to the extent specified in the addenda. Subsequent addenda shall supersede prior addenda only to the extent specified therein. B. Drawings and specifications are intended to agree and be mutually complete. Any item not contained within the drawings, but contained in the specifications, or vice-versa, shall be provided and/or executed as shown in either the drawing or specification at no extra cost to the COUNTY. Should anything not included in either the drawing and/or the specifications be necessary for the proper construction and/or operation of the project as herein specified, or should any error or disagreement between the specifications and drawings exist or appear to exist, the CONTRACTOR shall not derive unjust benefit thereby, or use such disagreement counter to the best interests of the COUNTY. The CONTRACTOR shall immediately notify the COUNTY’s Project Manager of any discrepancy and await the Project Manager’s direction before proceeding with the work in question. 3.8 CONTRACTOR acknowledges and agrees that CONTRACTOR shall utilize the U.S. Department of Homeland Security’s E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of: A. All persons employed by the CONTRACTOR during the term of this Agreement to perform employment duties within Lake County; and B. All persons, including subcontractors, assigned by the CONTRACTOR to perform work pursuant to the contract. 3.9 CONTRACTOR acknowledges and agrees that, in accordance with Section 255.099, Florida Statutes, if any project assigned hereunder is being supported in whole or in part by State funding the CONTRACTOR shall give preference to the employment of state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of non-residents. If the CONTRACTOR is required to employ state residents, the CONTRACTOR shall contact the Department of Economic Opportunity to post the employment needs in the State’s job bank system. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States.

Scope of Professional Services. 3.1 On the terms and conditions set forth in this Agreement, COUNTY hereby engages CONTRACTOR to provide all labor, materials and equipment to complete any assigned projects the Project/Service in accordance with the Statement Scope of WorkServices, attached hereto and incorporated herein as Exhibit Attachment A, and the RS Means Facilities Terms and Conditionsas modified or clarified by Addendum(s) #1, dated September 19, 2016, attached hereto and incorporated herein by reference as Exhibit E. Attachment B. CONTRACTOR shall be solely responsible for obtaining all necessary approvals and permits to complete the Project/Service. It is understood that the Statement Scope of Work Services may be modified by change order as actual construction of any individual project the Service progresses, but to be effective and binding, any such change orders order must be in writing, executed by the parties, and in accordance with the COUNTY’S ’s Purchasing Policies and Procedures. A copy of these policies and procedures shall be made available to the CONTRACTOR upon request. 3.2 CONTRACTOR acknowledges that time is The Agreement shall commence on the first calendar day of the essence month succeeding approval of this Agreement by COUNTY, unless otherwise stipulated in carrying out CONTRACTORthe Notice of Award Letter distributed by the County’s responsibilities under Office of Procurement Services. This Agreement is for a twelve (12) month term and then the contract will remain in effect until competition of the expressed and/or implied warranty period. COUNTY has the option to renew this AgreementAgreement for up to four (4) additional one (1) year period(s). Completion times shall be as The prices set forth in this Agreement shall prevail for the Scope full duration of Services, or as set forth the initial contract term unless otherwise indicated elsewhere in the specific Cost Estimate. this document. 3.3 All work shall be performed in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the CONTRACTOR except in such cases where the completion date will be delayed due to acts of God, strikes, or other causes beyond the control of the CONTRACTOR. In these cases, the CONTRACTOR shall notify the COUNTY of the delays two (2) days in advance of the event causing the delay original completion so that a revised delivery schedule can be appropriately considered by the COUNTY. Failure to notify the County within two (2) days will result in a waiver of the claim. No additional days shall be granted for average weather rain delays. Average number of days of rainfall will be determined by ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/climateinfo/historical/historical_fl.html. Days for calculating actual rainfall are days recorded with rainfall on ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. 3.3 This Agreement shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, and shall remain in effect for one (1) year. The pricing contained herein shall prevails for the full duration of the initial term unless otherwise indicated. Prior to, or upon completion, of the initial term, the COUNTY shall have the option to renew this Agreement for four (4) additional one (1) year terms. 3.4 The CONTRACTOR shall Although this Agreement identifies specific facilities to be solely responsible for obtaining all necessary approvals serviced, it is hereby agreed and permits. 3.5 The CONTRACTOR shall remain appropriately licensed and/or employ understood that any COUNTY department or agency facility may be added to this Agreement at the services option of a subcontractor who is appropriately licensed throughout the course of any project assigned hereunder to the CONTRACTOR. Failure to maintain all required licenses shall entitle the COUNTY, at its option, to terminate this . When required by the pricing structure of the Agreement. 3.6 Upon receipt of a project request from the COUNTY, the CONTRACTOR shall acquaint itself with be invited to submit price quotes for these additional facilities. The additional site(s) shall be added to this Agreement by formal modification. The COUNTY may obtain price quotes for the additional facilities from other vendors in the event that fair and reasonable pricing is not obtained from the CONTRACTOR or for other reasons at the COUNTY’s discretion. Although this Agreement identifies specific facilities to be serviced, it is hereby agreed and understood that any COUNTY department or agency may delete service for any facility when such service is no longer required, upon fourteen (14) calendar day’s written notice. 3.5 CONTRACTOR acknowledges that it has sufficient understanding of the nature and location of the work; includingthe general and local conditions, including but not limited to to, those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, and roads; and uncertainties of weather or similar physical conditions at the site; the character of equipment and facilities needed preliminary to and during the completion of the Project/Service. The CONTRACTOR further acknowledges that the CONTRACTOR will satisfy has satisfied itself as to the character, quality and quantity of surface and subsurface materials, obstacles or conditions of the site. Any failure by the CONTRACTOR to acquaint itself with any aspect of the work or with any of the applicable conditions shall not relieve the CONTRACTOR from responsibility for adequately evaluating the difficulty or cost of successfully performing the work required, nor shall it be considered a basis for any claim for additional time or compensation. The COUNTY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the COUNTY. The COUNTY also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this contractAgreement, unless such understanding or interpretations are made in writing and incorporated herein by reference. 3.7 In the event of any conflict between the drawings, specifications, or provisions contained within this Agreement, the following shall govern: A. Addenda shall supersede all other contract documents to the extent specified in the addenda. Subsequent addenda shall supersede prior addenda only to the extent specified therein. B. Drawings and specifications are intended to agree and be mutually complete. Any item not contained within the drawings, but contained in the specifications, or vice-versa, shall be provided and/or executed as shown in either the drawing or specification at no extra cost to the COUNTY. Should anything not included in either the drawing and/or the specifications be necessary for the proper construction and/or operation of the project as herein specified, or should any error or disagreement between the specifications and drawings exist or appear to exist, the CONTRACTOR shall not derive unjust benefit thereby, or use such disagreement counter to the best interests of the COUNTY. The CONTRACTOR shall immediately notify the COUNTY’s Project Manager of any discrepancy and await the Project Manager’s direction before proceeding with the work in question. 3.8 CONTRACTOR acknowledges and agrees that CONTRACTOR shall utilize the U.S. Department of Homeland Security’s E-Verify system in accordance with the terms governing use of the system to confirm verify the employment eligibility of: A. All persons employed of all new employees hired by the CONTRACTOR during the term of this Agreement; and shall expressly require any contractor and subcontractors performing work or providing services pursuant to this Agreement to perform likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment duties within Lake County; and B. All persons, including subcontractors, assigned eligibility of all new employees hired by the CONTRACTOR to perform work pursuant to the contract.subcontractor during 3.9 3.8 If applicable, CONTRACTOR acknowledges and agrees that, in accordance with Section 255.099, Florida Statutes, if any project the Service assigned hereunder to the CONTRACTOR is being supported in whole or in part by State funding the CONTRACTOR shall give preference to the employment of state residents in the performance of the work on the project Service if state residents have substantially equal qualifications to those of non-residents. If the CONTRACTOR is required to employ state residents, the CONTRACTOR shall contact the Department of Economic Opportunity to post the employment needs in the State’s job bank system. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States.

Scope of Professional Services. 3.1 On the terms and conditions set forth in this Agreement, COUNTY hereby engages CONTRACTOR to provide all labor, materials and equipment to complete any assigned projects the Project in accordance with the Statement of Work, attached hereto and incorporated herein as Exhibit A, and the RS Means Facilities Terms and Conditionsas amended or clarified by Addendum , attached hereto and incorporated herein by reference as Exhibit E. B. It is understood that the Statement of Work may be modified by change order as actual construction of any individual project the Project progresses, but to be effective and binding, any such change orders order must be in writing, executed by the parties, and in accordance with the COUNTY’S Purchasing Policies and Procedures. A copy of these policies and procedures shall be made available to the CONTRACTOR upon request. 3.2 CONTRACTOR acknowledges that time is of the essence in carrying out CONTRACTOR’s responsibilities under this Agreement. Completion times CONTRACTOR shall be as set forth in complete the Scope of Services, or as set forth in Project within forty-five (45) calendar days after the specific Cost EstimateNotice to Proceed is issued. All work shall be performed in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the CONTRACTOR except in such cases where the completion date will be delayed due to acts of God, strikes, or other causes beyond the control of the CONTRACTOR. In these cases, the CONTRACTOR shall notify the COUNTY of the delays two (2) days in advance of the event causing the delay original completion so that a revised delivery schedule can be appropriately considered by the COUNTY. Failure to notify the County within two (2) days will result in a waiver of the claim. No additional days shall be granted for average weather delays. Average number of days of rainfall will be determined by ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/climateinfo/historical/historical_fl.html. Days for calculating actual rainfall are days recorded with rainfall on ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. 3.3 This Agreement shall commence on upon the first calendar day date of the month succeeding approval of the contract by the Board of County Commissioners, purchase order or related Notice to Proceed and shall remain in effect for one (1) year. The pricing contained herein shall prevails for until such time as the full duration of the initial term unless otherwise indicated. Prior tocommodities, or upon completion, of the initial term, the COUNTY shall have the option to renew equipment and/or services acquired in conjunction with this Agreement for four (4) additional one (1) year termshave been delivered, completed and accepted by the COUNTY’s authorized representative and the end of any warranty periods. 3.4 The CONTRACTOR shall be solely responsible for obtaining all necessary approvals and permits. 3.5 The CONTRACTOR shall remain appropriately licensed and/or employ the services of a subcontractor who is appropriately licensed throughout the course of any project assigned hereunder to the CONTRACTORProject. Failure to maintain all required licenses shall entitle the COUNTY, at its option, to terminate this Agreement. 3.6 Upon receipt The CONTRACTOR acknowledges that it has sufficient understanding of a project request from the COUNTY, the CONTRACTOR shall acquaint itself with the nature and location of the work; includingthe general and local conditions, including but not limited to to, those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, and roads; and uncertainties of weather or similar physical conditions at the site; the character of equipment and facilities needed preliminary to and during the completion of the Project. The CONTRACTOR further acknowledges that the CONTRACTOR will satisfy has satisfied itself as to the character, quality and quantity of surface and subsurface materials, obstacles or conditions of the site. Any failure by the CONTRACTOR to acquaint itself with any aspect of the work or with any of the applicable conditions shall not relieve the CONTRACTOR from responsibility for adequately evaluating the difficulty or cost of successfully performing the work required, nor shall it be considered a basis for any claim for additional time or compensation. The COUNTY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the COUNTY. The COUNTY also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this contract, unless such understanding or interpretations are made in writing and incorporated herein by reference. 3.7 In the event of any conflict between the drawings, specifications, or provisions drawings and specifications contained within this Agreement, the following shall govern: A. Addenda shall supersede all other contract documents to the extent specified in the addenda. Subsequent addenda shall supersede prior to addenda only to the extent specified therein. B. Drawings and specifications are intended to agree and be mutually complete. Any item not contained within the drawings, but contained in the specifications, or vice-versa, shall be provided and/or executed as shown in either the drawing or specification at no extra cost costs to the COUNTY. Should anything not included in either the drawing and/or the specifications be necessary for the proper construction and/or operation of the project as herein specified, or should any error or disagreement between the specifications and drawings exist or appear to exist, the CONTRACTOR shall not derive unjust benefit thereby, or use such disagreement counter to the best interests of the COUNTY. The CONTRACTOR shall immediately notify the COUNTY’s Project Manager of any discrepancy and await the Project Manager’s direction before proceeding with the work in question. C. Any conflict between this Agreement and any exhibit shall be resolved in favor of the most stringent provisions in the best interests of the COUNTY. 3.8 CONTRACTOR acknowledges and agrees that CONTRACTOR shall utilize the U.S. Department of Homeland Security’s E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of: A. All persons employed by the CONTRACTOR during the term of this Agreement to perform employment duties within Lake County; and B. All persons, including subcontractors, assigned by the CONTRACTOR to perform work pursuant to the contract. 3.9 CONTRACTOR acknowledges and agrees that, in accordance with Section 255.099, Florida Statutes, if any project assigned hereunder this Project is being supported in whole or in part by State funding the CONTRACTOR shall give preference to the employment of state residents in the performance of the work on the project Project if state residents have substantially equal qualifications to those of non-non- residents. If the CONTRACTOR is required to employ state residents, the CONTRACTOR shall contact the Department of Economic Opportunity to post the employment needs in the State’s job bank system. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States.