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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 1 GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be as identified in Exhibit B and invoiced per Exhibit C (collectively, the "Exhibits", individually, Exhibit B or Exhibit C). The parties agree that the fully loaded hourly rates and staff hours shown in Exhibit C are estimates only to be used for billing purposes and that Consultant's compensation is the total lump sum as set forth in paragraph 5.1. Consultant's services will be performed in a timely, efficient, cost effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing its services and will have due regard for acceptable engineering standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. The Exhibits include a description of services to be performed; a statement of fees; proposed schedule for compensation; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant (25 months) which is dependent on the schedule of the construction contractor; and any other additional instructions or provisions relating to the specific Services authorized that do not conflict with the terms of this Agreement. 1.3 Additional services not contained in the Exhibits which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the Project and as otherwise provided in Exhibit B. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that are made known to the Consultant, but Consultant is not responsible for discovering errors, omissions, or inconsistencies in the drawings or data provided.