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ARTICLE 7. CLIENT'S RESPONSIBILITIES
<br />A. To permit WSN to perform the services required hereunder, the CLIENT shall supply, in
<br />proper time and sequence, the following at no expense to WSN:
<br />1. Provide all program, budget, or other necessary information regarding its requirements
<br />as necessary for orderly progress of the woric.
<br />2. Designate in wri6ng, a person to act as CLIENT's representative with respect to the
<br />services to be rendered under this Agreement, Such person shall have authority to
<br />transmit instructions, receive instructions, receive information, interpret and defne
<br />CLIEN7's policies with respect to WSN's services.
<br />Furnish, as required for performance of WSN's services (except to the extent provided
<br />otherwise in the Letter Agreement or any F�hibits attached hereto), data prepared by or
<br />services of others, including without limitation, core borings, probes and subsurface
<br />exploraUons, hydrographic and geohydrologic surveys, laboratory tests and inspections
<br />of samples, materials antl equipment; appropriate professional interpretations of all of
<br />fhe foregoing; environmental assessment and impact sta[ements; property, boundary
<br />easement, right-of•way, topographic and utility surveys; property descrip6ons; zoning,
<br />deed and olher land use restriction; and other special data not covered in the Letter
<br />Agreement or any Exhibits atlached hereto.
<br />4. Provide access to, and make all provisions for WSN to enter upon publicly or privately
<br />ownetl properry as required to perform the woric.
<br />5. Act as liaison with other agencies or involved parties [o carry out necessary
<br />coordination and negotiations; furnish approvals and permits from all governmental
<br />authorities having juristliction over the Projecl and such approvals and consents from
<br />others as may be necessary for completion of lhe Project.
<br />6. Examine all reports, sketches, tlrawings, specifcations and other documents prepared
<br />and presented by WSN, obtain aduice of an attorney, insurance counselor or others as
<br />CLIENT deems necessary for such examination and render in writing, decisions
<br />pertaining thereto wilhin a reasonable time so as not to delay the services of WSN.
<br />7. Give prompt written notice to WSN whenever CLIENT abserves or otherwise becomes
<br />aware of any development that affects the scope of timing of WSN's services or any
<br />defect in the work of Construction Contraclor(s), Consultants or WSN.
<br />8. Initiate action, where appropriate, to idenlify and investigate the nature and extent of
<br />asbestos and/or pollution in the Project and to abate and/or remove the same as may
<br />be required by federal, state or local statute, ortlinance, code, rule, or regulation now
<br />existing or hereinafter enacted or amended. For purposes of this Agreement, "pollution"
<br />and "pollutanP' shall mean any solid, liquitl, gaseous or thermal irritant or contaminant,
<br />including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste.
<br />Hazardous or toxic waste means any substance, waste pollutant or contaminant now or
<br />hereafter included within such terms under any fetleral, state or local statute,
<br />ordinance, cotle, rule or regulation now existing or hereinafter enactetl or amended.
<br />Waste further includes materials to be recycled, reconditioned or reclaimed.
<br />If WSN encounters, or reasonably suspects ihat it has encountered, asbestos or
<br />pollution in the Project, WSN shall cease activity on the Project and promptly notify ihe
<br />CLIENT, who shall proceed as setfoRh above. Unless otherwise specifcally provided
<br />in the Letter Agreement, the services to be provided by WSN do not inclutle
<br />identification of asbestos or pollution, and WSN has no duty to identify or attempt to
<br />identify lhe same within the area of the Project.
<br />With respect to fhe foregoing, CLIENT acknowledges and agrees that WSN is not a
<br />user, hantller, generator, operator, treater, storer, transporter or disposer of asbestos or
<br />pollu6on which may be encountered by WSN on lhe Project. lt is furlher understood
<br />and agreed that seNices WSN will undertake for CLIENT may be uninsurable
<br />obligations involving the presence or poten�al presence of asbestos or pollution.
<br />Therefore, CLIENT agrees, except (1) such liability as may arise out of WSN's sole
<br />negligence in ihe performance of services untler this Agreement or (2) lo the extent of
<br />insurance coverage available for the claim, to hold harmless, indemnify and defend
<br />WSN and WSN's o�cers, subcontractor(s), employees and agents from and against
<br />any and all claims, lawsuits, damages, liability and costs, including, but not limited to,
<br />costs of defense, arising out of or in any way �onnectetl with the presence, tlischarge,
<br />release, or escape of asbestos or pollution, This indemnifcation is intended to apply
<br />only to existing condi6ons and not to conditions caused or created by WSN. This
<br />indemnifcation shall survive the termination oithis Agreement.
<br />9. Provide such accounting, indepentlent cost estimating and insurance counseling
<br />services as may be required for the Project, such Iegal services as CLIENT may require
<br />or WSN may reasonably request with regard to legal issues pertaining io the Project
<br />including any that may be raised by Contractor(s), such auditing service as CLIENT
<br />may require to ascertain how or for what purpose any Contractor has used the moneys
<br />paid under the construction contract, and such inspection services as CLIENT may
<br />require to ascertain that Contractor(s) are complying with any law, rule, rec�ula�on,
<br />ordinance, code or order applicable ro their iumishing and performing the work.
<br />10. Provitle "record" drawings and specifications Tor all exis6ng physical features,
<br />stNCtures, equipment, utilities, or facilities which are pertinent to the Project to lhe
<br />extent available.
<br />11. Provide other services, materials, or data as may be set forth in the Letter
<br />Agreement or any Exhibits attached hereto.
<br />WSN may use any CLIENT provided information in performing its services. WSN shall be
<br />entitled to rely on the accuracy and completeness of information furnished by U�e
<br />CLIENT. If WSN finds ihal any informalion furnished by the CLIENT is in error or is
<br />inadequate for its purpose, WSN shall endeavor to notify the CLIENL However, WSN
<br />shall not be held responsible for any errors or omissions that may arise as a result of
<br />erroneous or incomplete information provided by CLIENT.
<br />ARTICLE B. OPINIONS OF COST
<br />Opinions of probable project cost, construction cost, financial evaivations, feasibility studies,
<br />economic analyses of allemate solutions and utilitarian considerations of operations and
<br />maintenance costs provided tor in the Letter Agreement or any Exhibits attached hereto are
<br />to be made on the basis of WSN's experience and qualifications and represent WSN's
<br />judgment as an experienced design professional. It is recognized, however: that WSN tices
<br />not have control over the cost of labor, material, equipment or services fumished by others or
<br />over market condilions or coniractors' methods of determining their prices, antl ihat any
<br />evaluation of any faciliry to be constructed, or acquired, or work to be performed on the basis
<br />oi WSN's cost opinions must, of necessity, be speculative unfil completion of construction or
<br />acquisition. According�y, WSN does not guarantee ihat proposals, bids or aclual cosls will not
<br />substanlially vary from opinions, evaluations or stutlies submitted by WSN to CLIENT
<br />hereunder.
<br />ARTICLE 9. CONSTRUCTION PHASE SERVICES
<br />CLIENT acknowledges Ihat it is customary for lhe architect or engineer who is responsible for
<br />the preparation and fumishing of Drawings and Specifcations and other construction-related
<br />documenls to be employed to provide professional services tlunng the 8idding and
<br />Construction Phases of the Project, (1 � to interpret and clarify the documentation so
<br />(urnished and to modi(y the same as circumstances revealetl during bidding and construc6on
<br />may dictate, (2) m conneclion with acceptance of substitute or equal items o( materials and
<br />equipment proposed by bidders and Contractor(s), (3) in connection with approvai ot shop
<br />drawings and sample subrnitlals, and (4) as a result of and in response to WSN's detecling in
<br />ativance of performance of affectetl work inconsistencies or irregularities in such
<br />documentation. CLIENT agrees that if WSN is not empioyed to provitle such professional
<br />services during the Bidding (if the work is put oul for bids) and the Construction Phases of
<br />the Project, WSN will not be responsible for, and CLIENT shall indemnify antl hold WSN, ils
<br />officers, consultant(s), subcontractor(s), employees and agents harmless from, all claims,
<br />damages, losses and expenses including attorneys' fees arising out of, or resulting from, any
<br />interpretalion, clarifcation, substitution acceptance, shop drawing or sample approval or
<br />modification of such documentalion issued or carried out by CLIENT or others. Nothing
<br />contained in this paragraph shall be construetl to release WSN, its officers, consultani(s),
<br />subcontractor(s), employees and agents irom liability for failure to perform in accordance with
<br />professional standards any tluty or responsibility which WSN has undertaken or assumed
<br />under this Agreement.
<br />ARTICLE 10. REVIEW OF SHOP DRAWINGS AND SUBMITTALS
<br />WSN may review and approve or take other appropriate action on the conVactors submittals
<br />or shop drawings (or Ihe Iimiied purpose ot checking for general confomiance with intormaUon
<br />given and design concept expressed in lhe Conlract Documents. Revlew andlor approval of
<br />submittals is not conducted for lhe purpose of determining accuracy antl canpleleness o(
<br />other details or for substantiating instructions for installation or performance of equipment or
<br />systems, all of which remain the exclusive responsibility of the contractor. WSN's review
<br />andlor approval shall not constitute approval of safety precautions, or any construction
<br />means, methods, techniques, sequences or procedures, WSN's approval of a specific item
<br />shall not indicate approval of an assembly of which the item is a component. WSN's review
<br />antllor approval shali not relieve contractor for any deviations irom the requirements of lhe
<br />contract documents nor from the responsibility for errors or omissions on items such as sizes,
<br />dimensions, quantities, colors, or IocaUons. Contractor shali remain solely responsible for
<br />compliance with any manufacturer requirements antl recommendations.
<br />ARTICLE 11. REVIEW OF PAY APPLICATIONS
<br />If included in the scope of services, any review or certification of any pay applications, or
<br />certifica[es of completion shall be basetl upon WSN's observation of fhe Worie and on the
<br />data comprising the contractor's applicalion for payment, and shall indicate that to the best of
<br />WSN's knowledge, information and belief, the quantity and quality of the Work is in general
<br />conformance with the Contract Documents. The issuance of a certificate for payment or
<br />substanlial completion is not a representation that WSN has made exhaustive or continuous
<br />inspections, reviewed construction means antl methods, verified any back-up data provitled
<br />by the contractor, or ascertained how or for what purpose the contractor has usetl money
<br />previously paid by CLIENT,
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