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3.5 Approval by the COUNTY of any of the Consultant's Work, including but <br /> not limited to analysis, drawings, design parameters and specifications, written reports, <br /> or any work products of any nature whatsoever furnished hereunder, shall not in any <br /> way relieve the Consultant of responsibility for the technical accuracy and adequacy of <br /> the work. Neither the COUNTY's review, approval or acceptance of, or payment for, <br /> any of the Services furnished under this Agreement shall be construed to operate as a <br /> waiver of any rights under this Agreement or of any cause of action arising out of the <br /> performance of this Agreement. The Consultant shall be and remain liable in <br /> accordance with all applicable laws for all damages to the COUNTY caused by the <br /> negligent performance by the Consultant of any of the Services furnished under this <br /> Agreement <br /> 3.6 The COUNTY will appoint a Project Manager for the specific Services in <br /> connection with this project. The Project Manager shall: (a) act as the COUNTY's agent <br /> with,respect to the Services rendered hereunder; (b) transmit instructions to and receive <br /> information from the Consultant; (c) communicate the COUNTY's policies and decisions <br /> to the Consultant regarding the Services; and (d) determine, initially, whether the <br /> Consultant is fulfilling its duties, responsibilities, and obligations hereunder. The <br /> COUNTY's Project Manager is W Keith McCully, P.E., 772-226-1562, <br /> kmccully fircgov.com. <br /> 3.7 The COUNTY shall give prompt written notice to the Consultant whenever <br /> the COUNTY observes or otherwise becomes aware of any development that affects <br /> the timing or delivery of the Consultant's Services. If the Consultant has been delayed <br /> In completing its Services through no fault or negligence of either the Consultant or any <br /> sub-consultant, and, as a result, will be unable to perform fully and satisfactorily under <br /> the provisions of this Agreement, then the Consultant shall promptly notify the Project <br /> Manager. -In the COUNTY's sole discretion, and upon the submission to the COUNTY <br /> of evidence of the causes of the delay, the Agreement shall be modified in writing as set <br /> forth herein, subject to the COUNTY'S rights to change, terminate, or stop any or all of <br /> the Services at any time In accordance with this Agreement. <br /> 38 The Consultant shall not be considered in default for a failure to perform if <br /> such failure arises out of causes reasonably beyond the Consultant's control and <br /> through no fault or negligence of the Consultant. The parties acknowledge that adverse <br /> weather conditions, acts of God, or other unforeseen circumstances of a similar nature, <br /> may necessitate modifications to this Agreement. If such conditions and circumstances <br /> do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to <br /> the modifications to be made to this Agreement. <br /> 4. RESPONSIBILITIES OF THE CONSULTANT <br /> 4.1 The Consultant agrees to perform all necessary professional services in <br /> connection with the referenced Scope of Services. <br /> 3 <br /> C-\Users\Matt Van Ert\Desktop\IRC_VEN_AS_RB_Project\Budget and sow\sow and Budget Revision Aug2016\MAPS <br /> Agreement.doc <br />