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<br />Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
<br /> Page 1
<br />WSB & ASSOCIATES, INC.
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<br /> EXHIBIT A
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<br />GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR
<br />ASSESSMENT
<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.
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<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.
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<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 th is
<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.
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<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.
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<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
<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
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