|
<br />
<br />Exhibit A – General Contract Provisions 11.01.16 Page 3
<br />ARTICLE 8 – SUBMITTALS AND PAY
<br />APPLICATIONS
<br />If the Scope of Work includes the Consultant
<br />reviewing and certifying the amounts due the
<br />Contractor, the Consultant’s certification for
<br />payment shall constitute a representation to the
<br />Client, that to the best of the Consultant’s
<br />knowledge, information and belief, the Work has
<br />progressed to the point indicated and that the
<br />quality of the Work is in general accordance with
<br />the Documents issued by the Consultant. The
<br />issuance of a Certificate for Payment shall not
<br />be a representation that the Consultant has (1)
<br />made exhaustive or continuous on-site
<br />inspections to check the quality or quantity of the
<br />Work, (2) reviewed construction means,
<br />methods, techniques, sequences or procedures,
<br />(3) reviewed copies of requisitions received from
<br />Subcontractors and material suppliers and other
<br />data requested by the Client to substantiate the
<br />Contractor’s right to payment, or (4) ascertained
<br />how or for what purpose the Contractor has
<br />used money previously paid on account of the
<br />Contract Sum. Contractor shall remain
<br />exclusively responsible for its Work.
<br />
<br />If the Scope of Work includes Consultant’s
<br />review and approval of submittals from the
<br />Contractor, such review shall be for the limited
<br />purpose of checking for conformance with the
<br />information given and the design concept. The
<br />review of submittals is not intended to determine
<br />the accuracy of all components, the accuracy of
<br />the quantities or dimensions, or the safety
<br />procedures, means or methods to be used in
<br />construction, and those responsibilities remain
<br />exclusively with the Client’s contractor.
<br />
<br />ARTICLE 9 – HAZARDOUS MATERIALS
<br />Notwithstanding the Scope of Services to be
<br />provided pursuant to this Agreement, it is
<br />understood and agreed that Consultant is not a
<br />user, handler, generator, operator, treater,
<br />arranger, storer, transporter, or disposer of
<br />hazardous or toxic substances, pollutants or
<br />contaminants as any of the foregoing items are
<br />defined by Federal, State and/or local law, rules
<br />or regulations, now existing or hereafter
<br />amended, and which may be found or identified
<br />on any Project which is undertaken by
<br />Consultant.
<br />
<br />The Client agrees to indemnify Consultant and
<br />its officers, subconsultant(s), employees and
<br />agents from and against any and all claims,
<br />losses, damages, liability and costs, including
<br />but not limited to costs of defense, arising out of
<br />or in any way connected with, the presence,
<br />discharge, release, or escape of hazardous or
<br />toxic substances, pollutants or contaminants of
<br />any kind, except that this clause shall not apply
<br />to such liability as may arise out of Consultant’s
<br />sole negligence in the performance of services
<br />under this Agreement arising from or relating to
<br />hazardous or toxic substances, pollutants, or
<br />contaminants specifically identified by the Client
<br />and included within Consultant’s services to be
<br />provided under this Agreement.
<br />
<br />ARTICLE 10 – INSURANCE
<br />Consultant has procured general and
<br />professional liability insurance. On request,
<br />Consultant will furnish client with a certificate of
<br />insurance detailing the precise nature and type
<br />of insurance, along with applicable policy limits.
<br />Additional Insurance requirements are listed in
<br />Exhibit D.
<br />
<br />ARTICLE 11 – TERMINATION OR
<br />SUSPENSION
<br />If Consultant’s services are delayed or
<br />suspended in whole or in part by Client, or if
<br />Consultant’s services are delayed by actions or
<br />inactions of others for more than sixty (60) days
<br />through no fault of Consultant, Consultant shall
<br />be entitled to either terminate its agreement
<br />upon seven (7) days written notice or, at its
<br />option, accept an equitable adjustment of rates
<br />and amounts of compensation provided for
<br />elsewhere in this Agreement to reflect
<br />reasonable costs incurred by Consultant in
<br />connection with, among other things, such delay
<br />or suspension and reactivation and the fact that
<br />the time for performance under this Agreement
<br />has been revised.
<br />
<br />This Agreement may be terminated by either
<br />party upon seven (7) days written notice should
<br />the other party fail substantially to perform in
<br />accordance with its terms through no fault of the
<br />party initiating the termination. In the event of
<br />termination Consultant shall be compensated for
<br />services performed prior to termination date,
<br />including charges for expenses and equipment
<br />costs then due and all termination expenses.
<br />
<br />This Agreement may be terminated by either
<br />party upon thirty (30) days’ written notice without
<br />cause. Consultant shall upon termination only be
<br />entitled to payment for the work performed up to
<br />the Date of termination. In the event of
<br />termination, copies of plans, reports,
<br />specifications, electronic drawing/data files
<br />(CADD), field data, notes, and other documents
<br />whether written, printed or recorded on any
<br />medium whatsoever, finished or unfinished,
|