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Appendix C: General Conditions
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<br />I. Information and Services from Others:
<br />Provisions of information, data, budget, standards, and other materials by the County does not warrant their
<br />accuracy or quality nor provide approval of omissions or oversights or of any non-compliance with applicable
<br />regulation.
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<br />The County may, at its election, or in response to a request from the Consultant, furnish information or services
<br />from other Consultants. If, in the Consultant’s opinion, such information or services are inadequate, the
<br />Consultant must notify the County of the specific service or material deemed inadequate and the extent of the
<br />inadequacy prior to use in the performance of this Agreement. Unless so notified by the Consultant, the County
<br />may assume the information or services provided are adequate.
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<br />II. Indemnification
<br />To the Fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless the County from
<br />and against any claim of, or damages, losses, expenses and liability (including but not limited to fees and charges
<br />of engineers, architects, attorneys, and other professionals, and court, mediation and/or arbitration costs) for
<br />negligent acts, errors, and omissions of the Consultant, Subconsultant, persons or organizations directly or
<br />indirectly employed or engaged by Consultant or Subconsultant under this Agreement. The Consultant is not
<br />required to indemnify, defend, or hold harmless the County for a claim of, or liability for the independent
<br />negligent acts, errors, and omissions of the County. If there is a claim of, or liability for a joint negligent act,
<br />error, or omission of the Consultant and the County, the indemnification, defense, and hold harmless obligation
<br />of this provision shall be apportioned on a comparative fault basis. In this provision, “Consultant” and “County”
<br />include the employees, agents, and contractors who are directly responsible, respectively, to each. In this
<br />provision, “independent negligent acts, errors, and omissions” means negligence other than in the County’s
<br />selection, administration, monitoring, or controlling of the Consultant, or in approving or accepting the
<br />Consultant’s work.
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<br />IV. Insurance
<br />All of the insurance coverages listed in Article 5 shall be purchased by the Consultant. The County shall be made
<br />an additional insured on the Consultants Commercial General Liability policy in connection with the activities
<br />related to this contract. The Consultant shall purchase and maintain the Article 5 insurance coverages with limits
<br />not less than those specified for the duration of the Agreement. The professional liability insurance shall be
<br />maintained in force for one year following the date of final payment for the work performed herein. The amount
<br />of the contract may be renegotiated if the insurance premiums for the following year are raised over those in
<br />force when the contract was let. Should the professional
<br />liability insurance become unavailable during the one year period following the date of final payment, the
<br />insurance coverage may be renegotiated between the owner and the Consultant. Insurance coverage shall
<br />provide for negligent acts, errors or omissions which the Consultant, employees of the Consultant or
<br />Subconsultant may make which produce loss or liability to the Owner and for the protection against loss which
<br />results from reliance on the Consultant’s products, reports or a combination thereof. Failure to comply with the
<br />provision for maintaining the insurance in effect for one year following the date of final payment may be cause
<br />for the Owner to refrain from dealing with the Consultant in the future.
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<br />IV. Payments:
<br />The County shall pay to the Consultant the amount of any changes in the cost of insurance that are attributable
<br />to the Scope of Work created by change orders. Payments shall be made in accordance with Appendix B.
<br />Consultant shall submit progress invoices to County in duplicate showing the itemized services performed during
<br />the invoice period and the charges therefore. All progress invoices shall be prepared as a percentage of the work
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