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01-16-18-WS
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01-16-18-WS
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<br /> <br />Exhibit A – General Contract Provisions 11.01.16 Page 2 <br />EXHIBIT A <br /> GENERAL CONTRACT PROVISIONS <br /> <br />ARTICLE 1 – PERFORMANCE OF THE WORK <br />Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily <br />exercised by members of Consultant’s profession practicing under similar circumstances at the same time <br />and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or <br />otherwise, in connection with its services. <br /> <br />ARTICLE 2 – ADDITIONAL SERVICES <br />If the Client requests that the Consultant perform any services which are beyond the scope as set forth in <br />the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside <br />of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional <br />services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both <br />compensation and time to perform. <br /> <br />ARTICLE 3 – SCHEDULE <br />Unless specific periods of time or dates for providing services are specified in a separate Exhibit, <br />Consultant’s obligation to render services hereunder will be for a period which may reasonably be required <br />for the completion of said services. The Client agrees that Consultant is not responsible for damages <br />arising directly or indirectly from any delays for causes beyond Consultant’s control. For purposes of this <br />Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather <br />disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or <br />failure to act in a timely manner by any government agency; actions or failure to act by the Client or the <br />Client’s contractor or consultants; or discovery of any hazardous substance or differing site conditions. If <br />the delays outside of Consultant’s control increase the cost or the time required by Consultant to perform <br />its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable <br />adjustment in schedule and compensation. <br /> <br />ARTICLE 4 – CONSTRUCTION OBSERVATION <br />If requested by Client, Consultant shall visit the project during construction to become familiar with the <br />progress and quality of the contractors’ work and to determine if the work is proceeding, in general, in <br />accordance with plans, specifications or other contract documents prepared by Consultant for the Client. <br />The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or <br />continuous project review and observation services. <br /> <br />Consultant neither guarantees the performance of any Contractor retained by Client nor assumes <br />responsibility for any Contractor’s failure to furnish and perform the work in accordance with the construction <br />documents. Client acknowledges Consultant will not direct, supervise or control the work of contractors or <br />their subcontractors, nor shall Consultant have authority over or responsibility for the contractors’ means, <br />methods, or procedures of construction. Consultant’s services do not include review or evaluation of the <br />Client’s, contractor’s or subcontractor’s safety measures, or job site safety. Job Site Safety shall be the <br />sole responsibility of the contractor who is performing the work. <br /> <br />For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of <br />the Client’s observer. If the Client desires more extensive project observation or full-time project <br />representation, the Client shall request such services be provided by the Consultant as an Additional <br />Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and <br />conditions of the requested project observation. <br /> <br />ARTICLE 5 – OPINIONS OF PROBABLE COST <br />Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic <br />analyses of alternate solutions and utilitarian considerations of operations and maintenance costs, <br />collectively referred to as “Cost Estimates,” provided for are made or to be made on the basis of the <br />Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced <br />and qualified professional design firm. The parties acknowledge, however, that the Consultant does not <br />have control over the cost of labor, material, equipment or services furnished by others or over market <br />conditions or contractor's methods of determining their prices, and any evaluation of any facility to be
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