Common use of Standards of Performance Clause in Contracts

Standards of Performance. A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager. D. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor. G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement. H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (except

Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor Engineer under this Agreement will be the care and skill ordinarily used by members of Contractor’s the subject profession practicing with extensive experience with projects similar to the Project under similar conditions and circumstances at the same time and in a similar the same locality. Except as otherwise set forth in this Agreement, Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City Owner shall not be responsible for discovering deficiencies thereinin the technical accuracy of Engineer’s services. Contractor Engineer shall correct any such deficiencies in technical accuracy without additional compensation, compensation except to the extent such corrective action is directly attributable to deficiencies in CityOwner-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor Engineer may employ such Contractor’s consultants Consultants as Contractor Engineer deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required , subject to employ any Contractor consultant unacceptable to Contractor; howeverreasonable, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted timely, and substantive objections by the City Manager or by any duly authorized agent of the City ManagerOwner. D. Contractor Subject to the standard of care set forth in paragraph 6.01.A, Engineer and City its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Engineer and Owner shall comply with all applicable local, state and federal Laws and Regulations or Standardsand Owner-mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOwner’s responsibilities or to the scopeEngineer’s scope of services, scheduletimes of performance, and compensation for Contractor’s services. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreementcompensation. F. City There is no Paragraph F. G. Engineer shall make decisions and carry out its other responsibilities not be required to sign any documents, no matter by whom requested, that would result in a timely manner so as the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to unreasonably delay make resolution of any dispute with the services Engineer or payment of Contractorany amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. X. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition) unless both parties mutually agree to use other General Conditions. I. Engineer shall not supervise, direct, or have control over Contractor’s work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. J. Engineer neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume contractor nor assumes responsibility for any such consultantcontractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents, other than any Consultants selected by Engineer. However, Engineer shall assist and represent the Owner upon its request to ensure the Contractor’s compliance with construction and performance standards. H. Contractor K. Engineer shall not be responsible for the acts or omissions of any contractor(s)contractor, subcontractor, or supplier, or of any of the contractor’s their agents or employees or of any other persons (exceptfor any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer.

Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor Engineer under this Agreement will be the care and skill ordinarily used by members of Contractor’s the subject profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City Owner shall not be responsible for discovering deficiencies thereinin the technical accuracy of Engineer’s services. Contractor Engineer shall correct any such deficiencies in technical accuracy without additional compensation, compensation except to the extent such corrective action is directly attributable to deficiencies in CityOwner-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor Engineer may employ such Contractor’s consultants Consultants as Contractor Engineer deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required , subject to employ any Contractor consultant unacceptable to Contractor; howeverreasonable, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted timely, and substantive objections by the City Manager or by any duly authorized agent of the City ManagerOwner. D. Contractor Subject to the standard of care set forth in paragraph 6.01.A, Engineer and City its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Engineer and Owner shall comply with all applicable local, state and federal Laws and Regulations or Standardsand Owner-mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOwner’s responsibilities or to the scopeEngineer’s scope of services, scheduletimes of performance, and compensation for Contractor’s services. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractorcompensation. G. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner North Side Infrastructure Rehabilitation 21-R0391 Xxxxxxxx Engineering, Ltd. & Village of Itasca agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. X. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition) unless both parties mutually agree to use other General Conditions. I. Engineer shall not supervise, direct, or have control over Contractor’s work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. J. Engineer neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume contractor nor assumes responsibility for any such consultantcontractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents. However, Engineer shall assist and represent the Village upon its request to ensure the contractor’s compliance with construction and performance standards. H. Contractor K. Engineer shall not be responsible for the acts or omissions of any contractor(s)contractor, subcontractor, or supplier, or of any of the contractor’s their agents or employees or of any other persons (exceptfor any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer.

Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor Engineer under this Agreement will be the care and skill ordinarily used by members of Contractor’s the subject profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City Owner shall not be responsible for discovering deficiencies thereinin the technical accuracy of Engineer’s services. Contractor Engineer shall correct any such deficiencies in technical accuracy without additional compensation, compensation except to the extent such corrective action is directly attributable to deficiencies in CityOwner-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor Engineer may employ such Contractor’s consultants Consultants as Contractor Engineer deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required , subject to employ any Contractor consultant unacceptable to Contractor; howeverreasonable, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted timely, and substantive objections by the City Manager or by any duly authorized agent of the City ManagerOwner. D. Contractor Subject to the standard of care set forth in paragraph 6.01.A, Engineer and City its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Engineer and Owner shall comply with all applicable local, state and federal Laws and Regulations or Standardsand Owner-mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOwner’s responsibilities or to the scopeEngineer’s scope of services, scheduletimes of performance, and compensation for Contractor’s services. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractorcompensation. G. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. X. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition) unless both parties mutually agree to use other General Conditions. I. Engineer shall not supervise, direct, or have control over Contractor’s work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. J. Engineer neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume contractor nor assumes responsibility for any such consultantcontractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents. However, Engineer shall assist and represent the Village upon its request to ensure the contractor’s compliance with construction and performance standards. H. Contractor K. Engineer shall not be responsible for the acts or omissions of any contractor(s)contractor, subcontractor, or supplier, or of any of the contractor’s their agents or employees or of any other persons (exceptfor any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer.

Standards of Performance. A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager. D. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services. Without limitation, Contractor shall comply with the requirements of Article 2, Chapter 64 (Verification of Work Authorization) of the North Carolina General Statutes relating to E-Verify. Further, if Contractor utilizes a subcontractor, Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor. G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement. H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (except

Standards of Performance. A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager. D. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor. G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement. H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (except

Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor ENGINEER under this Agreement will be the care and skill ordinarily used by members of ContractorENGINEER’s profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER’s services. Notwithstanding the preceding sentence, the parties hereto do not intend to diminish the standard of care set forth in the first sentence. B. Contractor ENGINEER shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City OWNER shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Contractor ENGINEER shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. Contractor ENGINEER shall serve as OWNER’s prime professional for the Project. ENGINEER may employ such ContractorENGINEER’s consultants Consultants as Contractor ENGINEER deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor ENGINEER shall not be required to employ any Contractor consultant ENGINEER’s Consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City ManagerENGINEER. D. Contractor ENGINEER and City OWNER shall comply with all applicable local, state Laws or Regulations and federal Laws and Regulations or StandardsOWNER-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOWNER’s responsibilities or to the scopeENGINEER’s scope of services, scheduletimes of performance, and compensation for Contractor’s servicesor compensation. E. City OWNER shall be responsible for, and Contractor ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information possessed and furnished by City OWNER to Contractor ENGINEER pursuant to the this Agreement. Contractor ENGINEER may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City OWNER shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to unreasonably delay the services of ContractorENGINEER. G. Prior to the commencement of the Construction Phase, OWNER shall notify ENGINEER of any variations from the language of any notice or certification that ENGINEER will be requested to provide to OWNER or third parties in connection with the Project. OWNER and ENGINEER shall reach agreement on the terms of any such requested notice or certification, and OWNER shall authorize such Additional Services as are necessary to enable ENGINEER to provide the notices or certifications requested. H. ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in the ENGINEER’s having to certify, guarantee, or warrant the existence of conditions whose existence the ENGINEER cannot ascertain. OWNER agrees not to make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any way contingent upon the ENGINEER’s signing any such certification. I. During the Construction Phase, ENGINEER shall not supervise, direct, or have control over Contractor’s work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. J. ENGINEER neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume nor assumes responsibility for any such consultantContractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents. H. Contractor K. ENGINEER shall not be responsible for the acts or omissions of any contractor(sContractor(s), subcontractor, or supplier, or of any of the contractorContractor’s agents or employees or any other persons (exceptexcept ENGINEER’s own employees) at the Site or otherwise furnishing or performing any of the Contractor’s work; or for any decision made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and advice of ENGINEER. L. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (Document No. C-700, 2002 Edition).

Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor Engineer under this Agreement will be the care and skill ordinarily used by members of Contractor’s the subject profession practicing with extensive experience with projects similar to the Project under similar conditions and circumstances at the same time and in a similar the same locality. Except as otherwise set forth in this Agreement, Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City Owner shall not be responsible for discovering deficiencies thereinin the technical accuracy of Engineer’s services. Contractor Engineer shall correct any such deficiencies in technical accuracy without additional compensation, compensation except to the extent such corrective action is directly attributable to deficiencies in CityOwner-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor Engineer may employ such Contractor’s consultants Consultants as Contractor Engineer deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required , subject to employ any Contractor consultant unacceptable to Contractor; howeverreasonable, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted timely, and substantive objections by the City Manager or by any duly authorized agent of the City ManagerOwner. D. Contractor Subject to the standard of care set forth in paragraph 6.01.A, Engineer and City its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Engineer and Owner shall comply with all applicable local, state and federal Laws and Regulations or Standardsand Owner-mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOwner’s responsibilities or to the scopeEngineer’s scope of services, scheduletimes of performance, and compensation for Contractor’s services. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreementcompensation. F. City There is no Paragraph F. G. Engineer shall make decisions and carry out its other responsibilities not be required to sign any documents, no matter by whom requested, that would result in a timely manner so as the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to unreasonably delay make resolution of any dispute with the services Engineer or payment of Contractorany amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. H. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition) unless both parties mutually agree to use other General Conditions. I. Engineer shall not supervise, direct, or have control over Contractor’s work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. J. Engineer neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume contractor nor assumes responsibility for any such consultantcontractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents, other than any Consultants selected by Engineer. However, Engineer shall assist and represent the Owner upon its request to ensure the Contractor’s compliance with construction and performance standards. H. Contractor K. Engineer shall not be responsible for the acts or omissions of any contractor(s)contractor, subcontractor, or supplier, or of any of the contractor’s their agents or employees or of any other persons (exceptfor any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer.

Standards of Performance. A. (Modified) The standard of care for all professional engineering and related services performed or furnished by Contractor ENGINEER under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession persons performing the applicable disciplines, including, but not limited to, surveyors and professional engineers, practicing under similar conditions and circumstances at the same time and in a similar the same locality. B. Contractor (Modified) ENGINEER and all professionals performing services under this Agreement shall be responsible for the technical accuracy of its their services and documents resulting therefrom, and City OWNER shall not be responsible for discovering deficiencies therein. Contractor ENGINEER shall correct such deficiencies without additional compensation, compensation except to the extent such action is directly attributable to deficiencies in CityOWNER-furnished information.information upon which ENGINEER is authorized to rely as provided in Section 6.01.E. C. Contractor ENGINEER shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. Contractor ENGINEER shall serve as OWNER's prime professional for the Project. Such professionals shall be appropriately licensed and/or registered to practice in the State of Texas. ENGINEER may employ such Contractor’s consultants ENGINEER's Consultants as Contractor ENGINEER deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor ENGINEER shall not be required to employ any Contractor consultant ENGINEER's Consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City ManagerENGINEER. D. Contractor ENGINEER and City OWNER shall comply with all applicable local, state Laws or Regulations and federal Laws and Regulations or StandardsOWNER-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to City’s OWNER's responsibilities or to the scopeENGINEER's scope of services, scheduletimes of performance, and compensation for Contractor’s servicesor compensation. E. City (Modified) OWNER shall be responsible for, and Contractor ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City OWNER to Contractor ENGINEER pursuant to the this Agreement, unless expressly stated or communicated otherwise by OWNER. Contractor ENGINEER may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City OWNER shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to unreasonably delay the services of ContractorENGINEER. G. Prior to the commencement of the Construction Phase, OWNER shall notify ENGINEER of any variations from the language indicated in Exhibit E, "Notice of Acceptability of Work," or of any other notice or certification that ENGINEER will be requested to provide to OWNER or third parties in connection with the Project. OWNER and ENGINEER shall reach agreement on the terms of any such requested notice or certification, and OWNER shall authorize such Additional Services as are necessary to enable ENGINEER to provide the notices or certifications requested. H. (Modified) ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in ENGINEER's having to certify, guarantee or warrant the existence of conditions whose existence ENGINEER cannot ascertain; provided, that ENGINEER has exercised due diligence and was not otherwise required to certify, guarantee or warrant the existence of such conditions. I. During the Construction Phase, ENGINEER shall not supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. J. (Modified) ENGINEER neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume nor assumes responsibility for any such consultant’s Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. However, nothing contained in this paragraph shall be construed so as to absolve ENGINEER from liability for any such failure about which ENGINEER knew or should have known existed in the exercise of ENGINEER's services under this Agreement. H. Contractor K. (Modified) ENGINEER shall not be responsible for the acts or omissions of any contractor(sContractor(s), subcontractor, subcontractor or supplier, or of any of the contractor’s Contractor's agents or employees or any other persons (exceptexcept ENGINEER's own employees and its consultants for which it is legally liable) at the Site or otherwise furnishing or performing any of the Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and advice of ENGINEER. L. (Modified) The General Conditions for any construction contract documents prepared hereunder are to be the Standard Form of Agreement between Owner and Contractor and as approved by OWNER in writing.

Standards of Performance. A. 3.1 The standard of care for all professional and related services performed or furnished by Contractor CONSULTANT under this Agreement will be the care and skill ordinarily used by members of Contractor’s the respective profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. CONSULTANT makes no warranties, express or implied, under this Agreement or otherwise, in connection with CONSULTANT’s Services. B. Contractor 3.2 CONSULTANT shall be responsible for the technical accuracy of its services Services and documents resulting therefrom, and City CLIENT shall not be responsible for discovering deficiencies therein. Contractor CONSULTANT shall correct such any deficiencies CLIENT discovers without additional compensation, compensation except to the extent such action is directly attributable to deficiencies in CityCLIENT-furnished information. C. Contractor 3.3 CONSULTANT shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor CONSULTANT shall serve as CLIENT’s prime professional for the Project. CONSULTANT may employ such Contractor’s consultants subconsultants as Contractor CONSULTANT deems necessary to assist in the performance or furnishing of the servicesServices. The meaning of the term “consultant” shall include “subcontractor.” Contractor CONSULTANT shall not be required to employ any Contractor consultant subconsultants unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City ManagerCONSULTANT. D. Contractor 3.4 CONSULTANT and City CLIENT shall comply with all applicable local, state laws or regulations and federal Laws and Regulations or StandardsClient-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityCLIENT’s responsibilities or to the scopeCONSULTANT’s scope of services, scheduletime of performance, and compensation for Contractor’s servicesor compensation. E. City 3.5 CLIENT shall be responsible for, and Contractor CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City CLIENT to Contractor CONSULTANT pursuant to the this Agreement. Contractor CONSULTANT may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City 3.6 CONSULTANT shall make decisions and carry out its other responsibilities not be required to sign any documents, no matter by whom requested, that would result in a timely manner so as CONSULTANT’s having to certify, guarantee or warrant the existence of conditions whose existence CONSULTANT cannot ascertain. CLIENT agrees not to unreasonably delay the services make resolution of Contractorany dispute with CONSULTANT or payment of any amount due to CONSULTANT in any way contingent upon CONSULTANT’s signing any such certification. G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement. H. Contractor 3.7 CONSULTANT shall not be responsible for the acts or omissions of any contractor(s), subcontractor, subcontractor or supplier, or of any of the contractor’s agents or employees or any other persons (exceptexcept CONSULTANT’s own employees) at the site or otherwise furnishing or performing any of the contractor’s work; or for any decision made on interpretations or clarifications of any contract for construction, general conditions, supplemental conditions, change orders, and related documents (the “Contract Documents”) given by CLIENT without consultation and advice of CONSULTANT. 3.8 All opinions of probable construction cost to be provided by CONSULTANT shall represent the best judgement of CONSULTANT based upon the information currently available and upon CONSULTANT’s background and experience with respect to projects of this nature. It is recognized, however, that neither CONSULTANT nor the CLIENT has control over the cost of labor, materials or equipment, over contractor’s method of determining cost of services, or over competitive bidding, market or negotiating conditions. Accordingly, CONSULTANT cannot and does not warrant or represent that the proposals or construction bids received will not vary from the cost estimates provided pursuant to this Agreement.

Standards of Performance. A. The standard of care for all professional planning, surveying, architectural, engineering and related services performed or furnished by Contractor Design Professional under this Agreement will shall be the care and skill ordinarily used by members of Contractor’s the subject profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City Owner shall not be responsible for discovering deficiencies thereinin the technical accuracy of Design Professional’s services. Contractor Design Professional shall correct any such deficiencies in technical accuracy without additional compensation, compensation except to the extent such corrective action is directly attributable to deficiencies in CityOwner-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor Design Professional may employ such Contractor’s consultants Subconsultants as Contractor Design Professional deems necessary to assist in the performance or furnishing of the services. The meaning Design Professional shall notify the Owner of all Subconsultants to be used on the Project. Design Professional shall employ no Subconsultants to which the Owner may have reasonable objections. Owner will notify Design Professional of its objections to any of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Managerplanned Subconsultants. D. Contractor Subject to the standard of care set forth in Paragraph 6.01.A, Design Professional and City its Subconsultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Design Professional and Owner shall comply with all applicable local, state and federal Laws and Regulations or Standardsand Owner-mandated standards provided to Design Professional in writing and through documents related to this Project, including but not limited to the Request for Proposal documents, this Agreement and Exhibits. To the extent, if any, that apparent conflicts exist between the terms and conditions in the request for proposal documents and this Agreement, the parties acknowledge that this Agreement’s terms and conditions will control. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOwner’s responsibilities or to the scopeDesign Professional’s scope of services, scheduletimes of performance, and compensation for Contractor’s services. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreementcompensation. F. City Design Professional shall make decisions not be required to sign any documents, no matter by whom requested, that would result in the Design Professional having to certify, guarantee, or warrant the existence of conditions whose existence the Design Professional has not ascertained and carry out its other responsibilities in a timely manner so as is not part of the Design Professional’s scope of services. Owner agrees not to unreasonably delay make resolution of any dispute with the services Design Professional or payment of Contractorany amount due to the Design Professional in any way contingent upon the Design Professional signing any such documents. G. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Unified Government of Athens-Xxxxxx County, latest revision at the time of bidding, unless both parties mutually agree to modify or use other General Conditions. H. Design Professional shall not at any time supervise, direct, or have control over Contractor’s work, nor shall Design Professional have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. I. Design Professional neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume contractor nor assumes responsibility for any such consultantcontractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents. H. Contractor J. Design Professional shall not be responsible for the acts or omissions of any contractor(s)contractor, subcontractor, or supplier, or of any of the contractor’s their agents or employees or of any other persons (exceptexcept Design Professional’s own employees and its Subconsultants) at the Site or otherwise furnishing or performing any Work; or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Design Professional.

Standards of Performance. A. The standard of care for all professional and related services performed or of furnished by Contractor COMITE under this Agreement will be the care and skill ordinarily used by members of Contractor’s COMITE’S profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. COMITE makes no warranties, express or implied, under this Agreement or otherwise, in connection with these services. B. Contractor COMITE shall be responsible for the technical accuracy of its services services, data and documents Documents resulting therefrom, and City the CITY shall not be responsible for discovering deficiencies therein. Contractor COMITE shall correct such deficiencies without additional compensation, except to the extent that such action is directly attributable to deficiencies in CityCITY-furnished information. C. Contractor COMITE shall perform or furnish professional maintain on file in legible form, for a period of five years following the completion of its services, all its Documents, records (fiscal and related services in all phases other) and design calculations pertinent to its performance under this Agreement. A copy of these shall be available to the Project to which this Agreement applies. Contractor CITY at cost. D. COMITE may employ such Contractor’s consultants consultants, as Contractor COMITE deems necessary to assist in the performance or furnishing of the such services. The meaning of the term “consultant” shall include “subcontractor.” Contractor COMITE shall not be required to employ any Contractor consultant consultants unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City ManagerCITY. D. Contractor E. CITY and City COMITE shall comply with all applicable local, state and federal Laws and Regulations or Standardsand with standards mandated by CITY. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to City’s CITY’S responsibilities or and to the scope, schedule, and compensation of or for Contractor’s the COMITE’S services. E. City F. Unless indicated otherwise by CITY at the time of transmittal to COMITE, CITY shall be responsible for, and Contractor COMITE may rely uponon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor CITY pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City G. COMITE shall make decisions not be requested to sign any documents, no matter by whom requested, that would result in COMITE’S having to certify, guarantee or warrant the existence of conditions whose existence COMITE cannot ascertain and, within the scope of COMITE’S services hereunder have not been and carry out its other responsibilities in a timely manner so as could not be ascertained. CITY agrees not to unreasonably delay the services of Contractor. G. Contractor shall guarantee the performance make resolution of any consultant hired by, dispute with COMITE or otherwise relied payment of any amount due to COMITE in any way contingent upon by Contractor and shall assume responsibility for COMITE signing any such consultant’s failure to furnish and perform the Work in accordance with this Agreementcertification. H. Contractor shall Material, Equipment and Services to be Provided. COMITE agrees to provide all equipment and consulting services necessary to perform COMITE'S obligations under this AGREEMENT except as otherwise expressly provided herein. COMITE agrees to provide all other necessary manpower, materials, equipment, services and facilities necessary to complete the Monitoring as called for by this AGREEMENT and agrees to bear the cost of all analytical costs including, but not be responsible for limited to: laboratory fees, field sampling and testing fees, sample vessels and equipment, and related expenses. The CITY agrees to provide and maintain in usable condition the acts or omissions of any contractor(sfollowing material, equipment and services: one airboat as needed, twenty-six (26) leaf litter boxes (build to specifications provided by COMITE), subcontractortwo (2) boardwalks 100 meters in length (treated material), or suppliertwo (2) ft. above high water level, or two boards (24 inches) wide to facilitate sampling (based on specifications of any COMITE) and three (3) water level loggers (based on specifications of the contractor’s agents or employees or any other persons (exceptCOMITE).

Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor ENGINEER under this Agreement will be the care and skill ordinarily used by members of Contractor’s ENGINEER’S profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. B. Contractor ENGINEER shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City CITY shall not be responsible for discovering deficiencies therein. Contractor ENGINEER shall correct such deficiencies without additional compensation, compensation except to the extent such action is directly attributable to deficiencies in CityCITY-furnished information. C. Contractor ENGINEER shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. Contractor ENGINEER shall serve as CITY’S prime professional for the Project. ENGINEER may employ such Contractor’s consultants ENGINEER’S Consultants as Contractor ENGINEER deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor ENGINEER shall not be required to employ any Contractor consultant ENGINEER’S Consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City ManagerENGINEER. D. Contractor ENGINEER and City CITY shall comply with all applicable local, state Laws or Regulations and federal Laws and Regulations or StandardsCITY-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to City’s CITY’S responsibilities or to the scopeENGINEER’S scope of services, scheduletimes of performance, and compensation for Contractor’s servicesor compensation. E. City CITY shall be responsible for, and Contractor ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, data and other information furnished by City CITY to Contractor ENGINEER pursuant to the Agreementthis agreement. Contractor ENGINEER may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City CITY shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to unreasonably delay the services of ContractorENGINEER. G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement. H. Contractor ENGINEER shall not be responsible for the acts or omissions of any contractor(sContractor(s), subcontractor, subcontractor or supplier, or of any of the contractor’s Contractor's agents or employees or any other persons (exceptexcept ENGINEER’S own employees) at the Site or otherwise furnishing or performing any of the Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by CITY without consultation and advice of ENGINEER.

Standards of Performance. A. The standard 16.1 Standard of care for Care In addition to the requirements set forth in Article 7.8 regarding errors and /or omissions, ARCHITECT shall perform all professional services and related services performed or furnished by Contractor work under this Agreement pursuant to the requirements stated in this Agreement. The ARCHITECT will be the care perform all services and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and work in a similar locality. B. Contractor shall be responsible for skillful and competent manner that is consistent with the technical accuracy of its standards generally recognized as being employed by professionals qualified to perform the services and documents resulting therefromwork in the same discipline in the State of California. The ARCHITECT shall provide the Construction Documents and shall review the construction and installation of the Work to meet the requirements of the Construction Documents. Neither review nor approval of ARCHITECT'S, and City its consultants', and/or sub-consultants work shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensationrelieve ARCHITECT, except its consultants, and/or its sub-consultants from first, their duty to adhere to the extent such action is directly attributable to deficiencies in City-furnished information. C. Contractor shall perform standards and requirements of this Agreement, or furnish if silent herein, then, the applicable standards of professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist care in the performance of their duties. ARCHITECT will be fully responsible to the DISTRICT for any damages to the DISTRICT and delays to the Project as specified in Article 12 of this Agreement. Without limiting the foregoing, ARCHITECT shall be fully responsible to the DISTRICT for any increased costs incurred by the DISTRICT as a result of any such negligent delays in the design or furnishing construction of the servicesProject. The meaning ARCHITECT represents and maintains that it is skilled in the professional calling necessary to perform the services and work required by this Agreement. ARCHITECT warrants that all of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; howeverits employees, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager. D. Contractor and City shall comply with all applicable localARCHITECT’S, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, dataengineers, and other information furnished by City consultants and sub-consultants shall have sufficient skill and experience to Contractor pursuant perform the services and work assigned to the Agreementthem. Contractor may use such requirementsARCHITECT represents that it, reportsits employees, dataARCHITECT’S, engineers, and information other consultants and sub-consultants have all required licenses, permits, qualifications and approvals of whatever nature that are legally required for them to have to perform the services and work assigned to or rendered by them, and that such licenses and approvals shall be maintained in performing or furnishing services under good standing throughout the entire term of this Agreement. F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor. G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement. H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (except

Standards of Performance. A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants subconsultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultantsubconsultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant subconsultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant subconsultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager. D. Prior to the Commencement Date, City provided to Contractor in writing any and all policies and procedures of City applicable to Contractor’s performance of services under this Agreement. Contractor shall comply with such policies and procedures, subject to the standard of care set forth in this Section 2 of the Agreement, and to the extent compliance is not inconsistent with professional practice requirements. E. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. This Agreement is subject to all applicable Federal Rules and Regulations as identified in AC 150/5100-14E which can be found at xxxxx://xxx.xxx.xxx/airports/resources/advisory_circulars/index.cfm/go/document.current/document Number/150_5100-14. This Agreement is also subject to the Federal Contract Provisions for A/E Agreements which is attached as Exhibit “E“ and made a part hereof and can also be found at xxxxx://xxx.xxx.xxx/airports/central/aip/sponsor_guide/media/federal-provisions-attachment-for-ae- contracts.pdf. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services. Without limitation, Contractor shall comply with the requirements of Article 2, Chapter 64 (Verification of Work Authorization) of the North Carolina General Statutes relating to E-Verify. Further, if Contractor utilizes a subcontractor, Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. E. F. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. G. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor. G. H. Contractor shall guarantee the performance of any consultant subconsultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultantsubconsultant’s failure to furnish and perform the Work in accordance with this Agreement. H. I. Except as provided in Subsection 2(g), Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (exceptexcept Contractor’s own employees or consultants hired by or working directly for the Contractor) at the site or otherwise furnishing or performing any of the Contractor’s work; or for any decision made on interpretations or clarifications by the City of the Contract Documents when such interpretations or clarifications are given without the consultation and advice of Contractor.