|
WSB &ASSOCIATES, INC.
<br /> EXHIBIT A
<br /> GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR
<br /> ASSESSMENT
<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 /> 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 /> 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 /> ARTICLE 4—JOBSITE SAFETY
<br /> Neither the professional activities of the Consultant, nor the presence of the Consultant or its employees
<br /> and subconsultants at a construction/project site, shall impose any duty on the Consultant, nor relieve the
<br /> general contractor of its obligations, duties and responsibilities including, but not limited to, construction
<br /> means, methods, sequence, techniques or procedures necessary for performing, superintending and
<br /> coordinating the work in accordance with the contract documents and any health or safety precautions
<br /> required by any regulatory agencies. The Consultant and its personnel have no authority to exercise any
<br /> control over any construction contractor or its employees in connection with their work or any health or
<br /> safety programs or procedures. The Client agrees that the general contractor shall be solely responsible
<br /> for jobsite and worker safety and warrants that this intent shall be carried out in the Client's contract with
<br /> the general contractor.
<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 bestjudgment 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
<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 /> Exhibit A—GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION,REMEDIATION OR ASSESSMENT 02.12.20-MN
<br /> Page 1
<br />
|