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CONSULTANT'S RESPONSIBILITIES
<br />6.1 CONSULTANT shall designate a project manager for the performance of the Services
<br />6.2 CONSULTANT shall perform the Services as an independent contractor and not as CLIENT's agent
<br />or employee. CONSULTANT shall be solely responsible for the compensation, benefits, contributions and
<br />taxes, if any, of its employees and agents.
<br />6.3 The standard of care applicable to CONSULTANT's Services will be the degree of skill and
<br />diligence normally employed by professional consultants performing the same or similar services at the time
<br />and location said Services are performed.
<br />6.4 CONSULTANT may, during the course of its Services, prepare opinions of the probable cost of
<br />construction. CLIENT acknowledges, however, that CONSULTANT has no control over costs of labor,
<br />materials, competitive bidding environments and procedures, unknown field conditions, financial and/or
<br />market conditions or other factors affecting the cost of the construction and the operation of the facilities, all
<br />of which are beyond CONSULTANT's control and are unavoidably in a state of change. CLIENT therefore
<br />acknowledges that CONSULTANT cannot and does not make any warranty, promise, or representation,
<br />either express or implied, that proposals, bids, opinions of probable construction costs, or cost of operation or
<br />maintenance will not vary substantially from its probable cost estimates.
<br />6.5 When CONSULTANT provides on -site monitoring personnel during construction as part of its
<br />Services, the on -site monitoring personnel will notify CLIENT of any observed defects in the Work; will
<br />otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the
<br />contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled.
<br />Providing on -site monitoring personnel will not, however, cause CONSULTANT to be responsible for those
<br />duties and responsibilities which belong to the construction contractor, and which include, but are not limited
<br />to, full responsibility for the means, methods, techniques, sequences and progress of construction, and the
<br />health and safety precautions incidental thereto, and for performing the construction in accordance with the
<br />contract documents.
<br />6.6 In addition to or in lieu of on -site personnel, CONSULTANT's off -site staff may periodically visit
<br />the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT
<br />during such periodic visits shall not make CONSULTANT responsible for, nor relieve the construction
<br />contractor of the sole responsibility for all construction means, methods, techniques, sequences, and
<br />progress of construction, and the health and safety precautions incidental thereto, and for performing the
<br />construction in accordance with the contract documents.
<br />7 CHANGE ORDERS
<br />7.1 CLIENT or CONSULTANT may, from time to time, request modifications or changes in the
<br />Services. To the extent that the Services to be performed by CONSULTANT have been affected by such
<br />change, CONSULTANT's Compensation and Project Schedule shall be equitably adjusted. All changes shall
<br />be set forth in a written Change Order in the form of Attachment B, incorporated herein by reference, and
<br />executed by both parties.
<br />8 FORCE MAJEURE
<br />8.1 Neither party shall be responsible for a delay in its performance under this Agreement, other than a
<br />delay in payment for Services already performed, if such delay is caused by extraordinary weather conditions
<br />or other natural catastrophes war, terrorism, riots, strikes, lockouts or other industrial disturbances, acts of
<br />any governmental agencies or other events beyond the reasonable control of the claiming party.
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