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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 officers and employees, from
<br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the
<br />extent caused by the negligence, recklessness, or intentional wrongful misconduct of the
<br />CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the
<br />Work.
<br />ARTICLE 7 - CONSULTANT'S REPRESENTATIONS
<br />7.01 In order to induce OWNER to enter into this AgreLment 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.
<br />CONSULTANT is aware of the general nature of work to be performed by OWNER and others at the
<br />Site that relates to the Work as indicated in the Contract Documents.
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