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2 . 8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions , acts of God , or other unforeseen circumstances of a similar nature , may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree , in writing , to the modifications to be made to this Agreement . 3 . RESPONSIBILITIES OF THE CONSULTANT 3 . 1 The CONSULTANT agrees to perform all necessary environmental and biological support services , and other Services in connection with the assigned Project(s ) as set forth in the Work Orders and in this Agreement. 3 . 2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project . Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project . 3 . 3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3 . 4 The CONSULTANT will maintain an adequate staff of qualified personnel . 3 . 5 The CONSULTANT will comply with all present and future federal , state , and local laws , rules , regulations , policies , codes , and guidelines applicable to the Services performed under this Agreement. 3 . 6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: ( 1 ) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in , denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person 's race , color, creed , national origin , religion , physical disability, age , or sex ; and ( 2 ) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local , state , and federal rules , regulations , or guidelines ; as such rules , regulations , or guidelines may be from time to time amended . 3 . 7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force , effect, and good standing any and all necessary licenses , registrations , certificates , permits , and any and all other authorizations as. are required by local , state , or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub-consultants to comply by contract with the provisions of this section . F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN .doc P a g e 14