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ARTICLE 7. CLIENTS RESPONSIBILITIES 10. Provide'record' drawings and specifications for all existing physical plants or facilities
<br />A. To permit WSN to pertain the services required hereunder, the CLIENT shall supply, in proper which are pertinent to the Project,
<br />lime and sequence, the following at no expense to WSN:
<br />1. Provide all necessary idamation regarding is requirements as necessary for orderly
<br />progress of the work
<br />2 Designate in wrung, a person to act as CLIENT s representative with respect b the
<br />services to be rendered raider this Agreement Such person shat have authority to transrit
<br />Instructions, receive instructions, receive Information, We" and define CLIENTS Policies
<br />with respect to WSNs services.
<br />Fumish, as required for perfomarce of WSN's services (except to the extent provided
<br />otherwise in the Letter Agreement or any Exhibits attached hereto), data prepared by or
<br />services of others. ndudmg without Imitation, core borings, probes and subsurface
<br />"Pbrations, hydrographic and geo hydrobgic surveys, laboratory tests and inspections of
<br />samples, Materials and equipment appropriate professional interpretations of all of the
<br />foregoing; environmental assessment and impact statements; property, boundary
<br />easement, right -0f - way, topographic and utility surveys; property descripti rr zoning, deed
<br />and other grid use restriction; and other special data not covered in the Letter Agreement
<br />or any Exhibits attached hereto.
<br />4. Provide access to, and make all provisions for WSN to enter upon publicly or privately
<br />owned property as rte to perform the work.
<br />5. Act as liaison with other agencies or involved parties to carry out necessary coordination
<br />and negotiations. furnish approvals and permits from all governmental adhodfies having
<br />Jurisdiction over the Project and such approvals and consents from others as may be
<br />necessary for completion of the Project.
<br />6. Examine all reports, sketches, drawings, specifications and other documents prepared and
<br />presented by WSN, obtain advice of an attorney, Insurance counselor or otters as CLIENT
<br />deans necessary for such examination and render in writing, decisions pertaining thereto
<br />within a reasonable time so as not to delay the services of WSN.
<br />7. Give prompt written notice to WSN whenever CLIENT observes or otherwise becomes
<br />aware of any development that affects the scope of Iming of WSNs services or any defect
<br />in this work of Construction Contractor(s), Consultants or WSN.
<br />8. Initiate action, where appropriate, to Identify and Investigate She nature and extend of
<br />asbestos ardlo pollution in She Project and to abate andlor remove the same as may be
<br />required by federal, state or local statute, ordinance, code, rule, or regulation now existing
<br />or hereinafter enacted or arc ended. For purposes of this Agreement 'pollution' and
<br />'polutanr shag mean any sold, Iqutd, gaseous or thermal irritant or contaminant, khu turding
<br />smoke, vapor, soot, alCals, chemicals and hazardous or toxic waste. Hazardous or toxic
<br />waste meal any substance, waste pollutant or contaminant now or hereafter included
<br />within such terms under any federal, state or WA statute, ordinance, Code, rule or
<br />regulation now existing or hereinafter enacted or amended. Waste further includes
<br />materials to be recycled, reconditioned or reclaimed.
<br />R WSN encounters, or reasons* suspects chat it has encountered, asbestos or pollution in
<br />the Project, WSN shall cease activity on the Project and promptly notify the CLIENT, who
<br />shall proceed as set forth above. Unless othemrise specifically provided in the Letter
<br />AgresmeK the services to be provided by WSN do not include identification of asbestos of
<br />pollution, and WSN has no duty to Men* or attempt to identify the sane witwu the area of
<br />the Project
<br />With respect to the foregoing, CLIENT acknowledges and agrees that WSN is not a user,
<br />handler, generator, operator, treater, sorer, transporter or disposer of asbestos or pollution
<br />which may be encountered by WSN on the Project. It is further understood and agreed that
<br />services WSN will undertake for CLIENT may be uninsurable obligations involving the
<br />presence or potential presence of asbestos or pollution. Therefore, CLIENT agrees, except
<br />(1) such liability as may arise out of WSNs sole negligence in the performance of services
<br />under this Agreement or (2) to the extent of khsurmce coverage available for tie dam, to
<br />hold harmless, idertnify and defend WSN and WSNs officers, subconIract r(s).
<br />employees and agents from and against any and all daps, lawsuits, damages, liability and
<br />costs, including, but not baited to, costs of defense, arising out of or in any way connected
<br />with the presence, discharge, release, or escape of asbestos or pollution. This
<br />indemnification is khanded to apply only to existing conditions and not to conditions caused
<br />or created by WSN.
<br />9. Provide such accounting. independent cost estimating and Insurance counseling services
<br />as may be required for She Project such kcal services as CLIENT may rewire or WSN
<br />may reasonably request with regard to legal issues pertaining to the Project including arty
<br />that may be rased by Contractor(s), such auuxtng service as CLIENT may require to
<br />ascertain how or for what purpose any Contractor has used the moneys paid under the
<br />construction contract and such inspection services as CLIENT may require to ascertain
<br />that Contrador(s) are complying with any law, rule, regulation, ordnance, code or order
<br />applicable to trek furnishing and performing the work.
<br />11. Provide other services, materials, or data as maybe set forth in the Letter Agreement or
<br />arty Exhibits attached hereto
<br />B. WSN may use arty CLIENT provided nfamation in performing is services. WSN shat be
<br />entitled to rely ort the accuracy and completeness of inn nmaton furnished by the CLIENT. If
<br />WSN finds that any information fumished by the CLIENT is in error or is nadeWale for its
<br />purpose, WSN shall endeavor to notify the CLIENT. However, WSN Ad not be held
<br />responsible for any errors or omissions that may arise as a result of erroneous or incomplete
<br />Information provided by CLIENT.
<br />ARTICLE t. OPINIONS OF COST
<br />Opinions of probable project cost construction cost, financial evaluations, feasibility studies,
<br />economic analyses of aifemate solutions and utilitarian considerations of operations and
<br />maintenance costs provided for in the Letter Agreement or any Exhibits attached hereto are to be
<br />made on the bass of WSN's experience and qualifications and represent WSN's Judgment as an
<br />experienced design professional R is recognized, however, that WSN does not have control over
<br />the cost of lobo, material. equipment or services furnished by others or over market conditions or
<br />contracbW methods of delemwing their priors. and that any evaluation of any facility to be
<br />castructed, or acquired, or work to be pedomed on the basis of WSWs cost opinions must, of
<br />necessity, be speculative urd completion of construction or actluisidon. Accordingly, WSN does
<br />not guarantee that proposals, bids or actual costs will not substantially vary from opinions,
<br />evaluations or studies submitted by WSN to CLIENT hereunder.
<br />ARTICLE 9. CONSTRUCTION PHASE SERVICES
<br />CLIENT acknowledges that it is customary for the architect or engineer who is responsible for the
<br />preparation and furnishing of Drawings and Specifications and other coshucWn 4elated
<br />documents to be employed to provide professional services during the Bidding and Construction
<br />Phases of the Project, (1) to interpret and clarify the documentation so furnished and to modify
<br />the same as circumstances revealed during bidding and construction may dictate, (2) in
<br />connection with acceptance of substitute or equal dams of materials and equipment proposed by
<br />bidders and Contractor(s), (3) in connection with approval of shop drawings and sample
<br />submittals, and (4) as a result of and in response to WSNs detecting in advance of performance
<br />of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that'd
<br />WSN is not employed to provide such professional services during the Bidding (d the work is put
<br />out for bids) and the Construction Phases of the Project, WSN WIN not be responsible for, and
<br />CLIENT shall Indemnify and hold WSN, its officers, consultant(s), subcontractor(s), employees
<br />and agents harmless from, all clans, damages, kisses and expenses including attorneys' fees
<br />arising out of, or reshdling from, any interpretation, clarification, substitution acceptance, shop
<br />drawing or sample approval on modification of such documentation issued or Carried out by
<br />CLIENT or others. Nothing contained in this paragraph shall be cpnshued to release WSN, its
<br />officers, consultant(s), suixxntracbr(s), employees and agents from liability for failure to perform
<br />in accordance with professional standards any duty or responsibility which WSN has undertaken
<br />or assumed 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 Contractors submittals or
<br />shop drawings for the Incited purpose of checking for general conformance with Information given
<br />and design concept expressed in She Contact Doamnents. Review anhdtor approval of submittals
<br />is not conducted for One purpose of delernann accuracy and completeness of other details or tar
<br />substantiating instructions tor installation or performance of eWip ment or systems, all of which
<br />remain the exclusive responsbilty of the contractor. WSNs review adfor approval shall not
<br />constitute approval of safety precautions, or any construction means, methods, lechniques,
<br />sequences or procedures. WSNs approval of a specific item shall not indicate approval of an
<br />assembly of which the item is component WSNs review ardor approval shall not relieve
<br />contractor for any deviations from the requuirernents of the Contract documents nor from the
<br />responsibility for errors or omissions on items such as saes, dimensions, quantities, colas, or
<br />boom.
<br />ARTICLE 11. REVIEW OF PAT APPLICATIONS
<br />S included in the scope of services, any review or rerti li aton of any pay applications, or
<br />certificates of completion shall be based upon WSNs observation of the Work and on the data
<br />comprising the contractors application for payment, and shall indicate that to the best of WSNs
<br />knowledge, reformation and beK the quality and quaily of the Work is in general coniomnarhoe
<br />with the Contract Documents. The issuance of a certificate for payment or substantial completion
<br />is not a representation 90 WSN has made exhaustive or co tin muu inspections, reviewed
<br />construction meal and methods, verified any backup data provided by the contractor, or
<br />ascertained how or for what purpose the oonhclor has used away previously paid by CLIENT.
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