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