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2.6 The COUNTY reserves the right to appoint one or more Project Managers <br /> for the specific Services in connection with this Agreement. The Project Manager shall: <br /> (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) <br /> transmit instructions to and receive information from the Consultant; (c) communicate <br /> the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) <br /> determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and <br /> obligations hereunder. <br /> 2.7 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, this Agreement shall be modified in writing, <br /> subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services <br /> at any time in accordance with this Agreement. <br /> 2.8 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 /> 3. RESPONSIBILITIES OF THE CONSULTANT. <br /> 3.1 The Consultant agrees to perform all necessary professional engineering, <br /> project design, construction phase services, and other Services in connection with the <br /> assigned Project(s) as set forth in this Agreement. <br /> 3.2 The Consultant will endeavor not to duplicate any previous work done on <br /> any Project. Before beginning work, the Consultant shall consult with the COUNTY to <br /> clarify and define the COUNTY's requirements for the Project. <br /> 3.3 The Consultant agrees to complete the Project within the time frame <br /> specified in the Work Order. <br /> 3.4 The Consultant will maintain an adequate staff of qualified personnel. <br /> 3.5 The Consultant will comply with all present and future federal, state, and <br /> local laws, rules, regulations, policies, codes, and guidelines applicable to the Services <br /> performed under this Agreement. <br /> 3.6 The Consultant, as a part of the consideration hereof, does hereby <br /> covenant and agree that: (1) in connection with the furnishing of Services to the <br /> 3 <br />