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5.02 Pay Requests.
<br /> A. Each request for a progress payment shall contain the CONSULTANT'S certification. All
<br /> progress payments will be on the basis of progress of the work measured by the schedule
<br /> of values established, or in the case of unit price work based on the number of units
<br /> completed.
<br /> 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as
<br /> OWNER which are paid for, in whole or in part,with federal funds and are subject to federal grantor laws
<br /> and regulations or requirements that are contrary to any provision of the Local Government Prompt
<br /> Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant
<br /> requirements and guidelines.
<br /> ARTICLE 6-INDEMNIFICATION
<br /> 6.01 CONSULTANT shall indemnify and hold harmless the OWNER, and its commissioners, officers and
<br /> employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
<br /> attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful
<br /> misconduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the
<br /> performance of the Work.
<br /> ARTICLE 7-CONSULTANT'S REPRESENTATIONS
<br /> 7.01 In order to induce OWNER to enter into this Agreement CONSULTANT makes the following
<br /> representations:
<br /> A. CONSULTANT has examined and carefully studied the Contract Documents and the other related
<br /> data identified in the Invitation to Bid documents.
<br /> B. CONSULTANT has visited the Site and become familiar with and is satisfied as to the general, local,
<br /> and Site conditions that may affect cost, progress, and performance of the Work.
<br /> C. CONSULTANT is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
<br /> that may affect cost, progress, and performance of the Work.
<br /> D. CONSULTANT has obtained and carefully studied (or assumes responsibility for having done so) all
<br /> additional or supplementary examinations, investigations, explorations, tests, studies, and data
<br /> concerning conditions(surface,subsurface,and Underground Facilities)at or contiguous to the Site
<br /> which may affect cost, progress, or performance of the Work or which relate to any aspect of the
<br /> means, methods, techniques, sequences, and procedures of construction to be employed by
<br /> CONSULTANT, including applying the specific means, methods, techniques, sequences, and
<br /> procedures of construction, if any, expressly required by the Contract Documents to be employed
<br /> by CONSULTANT, and safety precautions and programs incident thereto.
<br /> E. CONSULTANT does not consider that any further examinations, investigations, explorations, tests,
<br /> studies, or data are necessary for the performance of the Work at the Contract Price, within the
<br /> Contract Times,and in accordance with the other terms and conditions of the Contract Documents.
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