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3.5 Approval by the COUNTY of any of the Consultant's Work, including but not limited to analysis drawings, design parameters and specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 3.8 The COUNTY will appoint a Project Manager for the specific Services in connection with this project. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. The COUNTY's Project Manager is W. Keith McCully, P.E., 772-226-1562, kmccully ircgov.com. 3.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub -consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement. then the Consultant shall promptly notify the Project Manager In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Agreement shall be modified in writing as set forth herein, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 3.8 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. 4. RESPONSIBILITIES OF THE CONSULTANT 4.1 The Consultant agrees to perform all necessary professional services in connection with the referenced Scope of Services. C:UsersNatt Van Ert\Desktop\IRC_VEN_AS_RB_Project\Budget and SOW\SOW and Budget Revision Aug2016\MAPS Agreemeni.doc M&I