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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 3 <br />constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. <br />Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from <br />opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility <br />for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the <br />accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client <br />shall employ an independent cost estimator as part of its Project responsibilities. <br /> <br />ARTICLE 6 – REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE <br />All documents, including reports, drawings, calculations, specifications, CADD materials, computers <br />software or hardware or other work product prepared by Consultant pursuant to this Agreement are <br />Consultant’s Instruments of Service and Consultant retains all ownership interests in Instruments of <br />Service, including copyrights. The Instruments of Service are not intended or represented to be suitable <br />for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents <br />that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are <br />signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of <br />Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole <br />risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic <br />files. <br /> <br />If requested, at the time of completion or termination of the work, the Consultant may make available to the <br />Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and <br />expenses incurred to the date and time of termination, and (ii) fulfillment of the Client’s obligations under <br />this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written <br />consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the <br />Client’s risk and full legal responsibility and Client expressly releases all claims against Consultant arising <br />from re-use of the Instruments of Service without Consultant’s written consent, verification or adaptation. <br /> <br />The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any <br />claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising <br />out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person <br />or entity that acquires or obtains the reports, plans and specifications from or through the Client without the <br />written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be <br />deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of <br />merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any <br />consent, verification or adaption of the Instruments of Service for extensions of the Project or any other <br />project. <br /> <br />ARTICLE 7 – PAYMENTS <br />Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is <br />entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the <br />invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the <br />date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, <br />and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from <br />the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum <br />amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service <br />until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by <br />Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant <br />shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, <br />incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving <br />seven (7) days’ written notice to Client, suspend services under this Agreement until it receives full payment <br />for all amounts then due for services, expenses and charges. Payment methods, expenses and rates may <br />be more fully described in Exhibit C and Exhibit E. <br /> <br />ARTICLE 8 – SUBMITTALS AND PAY APPLICATIONS <br />If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the <br />Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the <br />Consultant’s knowledge, information and belief, the Work has progressed to the point indicated and that <br />the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance
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