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ARTICLE 7.CLIENT'S RESPONSIBILITIES 10. Provide`recorti'drawings and speafications for all ebsting physical features,
<br /> A. To permit WSN to perform the services required hereunder,the CLIENT shail supply,in sWctures,equiprtrent,utilibes,or facilities which are pertinent to the Project,to the
<br /> proper time and sequence,the following at no expense to WSN: extent available.
<br /> 1. Provide a�program,budget,ar other necessary information regartiing its requirements 11. Provide other services,materials,or data as may be set torth in the Letter
<br /> as necassary tor orderly progress of the xrork. Agreement or any Exhibits attached hereto.
<br /> 2. Designate in writing,a person to act as CLIENTs representative with respect to the B. WSN may use any CUENT provided'mfartnatian in perfortning its servioes. WSN shall be
<br /> services io be rendered under this Agreement.Such persron shall have authority to entifled to rely on the accuracy and completeness of infortna6on fumished by the
<br /> transmft instructions,recsive ir�struc6ons,receive information,interpret and define CLIENT.If WSN finds that any infortnation fumished by the CLIENT is in ertor or is
<br /> CLIENT's policies with respect to WSN's services. inadequate for its purpose,WSN shall endeavorto rroMy the CLIENT. However,WSN
<br /> shall not be held responsible for any ertors or omissions that may arise as a result of
<br /> 3. Fumish,as required for performance of WSN's servicas(e�ept to the extent provided erroneous or incomplete infartnation provided by CUENT.
<br /> othenvise in the Letter Agreement or any Exhibits attached hereto),data prepared by ar
<br /> services of others,including without limita6on,core borings,probes and subsurface
<br /> e�cplaratiorus,hydrographic and geohydrologic surveys,laboratory tesis and inspec6ans ARTICLE d.OPINIONS OF COST
<br /> of samples,materials and equipment;appropriate professional interpreta6ons of all of Opinions of probable project cost,construction cost,financial evaluations,feasibility studies,
<br /> the foregoi�;environmental assessment and impact statements;properry,boundary economic analyses of altemate solutions arM utilitarian considerations of operetions and
<br /> easement,right-of-way,topographic arni utility suroeys;property descriptions;zoning, maintenance costs provided for in ihe Letter Agreement ar any Exhibits attached hereto are
<br /> deed and other land use restric6on;and other special data rrot covered in the Letter to be made an the basis of WSN's experience and quaificatlons and represent WSN's
<br /> Agreement or any Exhibits attached hereto. judgment as an experienced design profassionai.It is recognized,however,that WSN does
<br /> not have cantrol over the cost of labor,materiai,equipment ar services fumished by others or
<br /> 4. Provide access to,and make ap provisions for WSN to enter upon publicly ar privately over market conditions or contractors'methods of determining their pric�s,and that any
<br /> owned properry as required to perfortn the work. evaluation of any facility to be constructed,or acquired,arwork to be per(ortned on the basis
<br /> of WSN's cost opinions must,of necessiiy,be speculative until campletion of construction or
<br /> 5. Act as liaison wffh other agencies or inwlved parties to carry out nece�ary acquisfion.Axordingly,WSN does not guarantee that propasals,bids or achial costs will not
<br /> coordination and negotlations;fumish approvals and permits finm all govemmenhal substar�tially vary from opinions,evaluations or studies submitted by WSN to CLIENT
<br /> authorities having jurisdiction over the Praject and such approvats and consents from hereunder.
<br /> others as may be necessary for completion of the Project.
<br /> 6. Examine all reports,sketches,drawings,specifications and other documents prepared ARTICLE 9.CONSTRUCTION PHASE SERVICES
<br /> and presented by WSN,obtain advice of an attomey,insurer�ce counseior or others as CLIENT acknowledges that it is customary for the architect ar engineerwho is responsible for
<br /> CLIENT deems necessary far such examination and render in writing,decisions the preparation and fumishir�g af Drawings and Specifications arM other construc8on-related
<br /> pertaining thereto w'rfhin a reasonable time so as not to detay the senrices of WSN. documents to be emptoyed to provide professional servic�s during the Bidding and
<br /> Canstruc6on Phases of the Project,(1)to interpret and ciariTy the documentation so
<br /> 7. Give prompt written natice to WSN whenever CLIENT observes or otherwise becomes iumished and to modify the same as arcumstances reveated during bidding and construction
<br /> aware of any development that alfects the scope of timing af WSN's services or any may dictate,(2)in connection with acceptance of substitute or equal items of materials and
<br /> defect in the xrork of Construcction Contractor(s),Consultants or WSN. equipment propa�ed by bidders and Contractor(s),(3)in connec6on with approval af shop
<br /> drawings and sample submittals,and(4)as a resutt of and in response to WSN's detecUr�g in
<br /> 8. Inidate action,where appropriate,to identify and inves6gate the nature and e�eM of advar�ce of performance of aftected work inconsistencies ar irregulari6es in such
<br /> asbestos andlor pollution in the Project and to abate andlor remove the same as may documenfation.CLIENT agrees that'rf WSN is not emptoyed to provide such professional
<br /> be required by federel,state or local statute,ordinance,code,rule,or regulatian now services during the Bidding(ffthe work is put out for bids)and the Construction Phases of
<br /> existing or hereinaiter enacted or amended.For purposes of this Agreement,'pollution' the Project,WSN will not be responsible for,and CLIENT shall indemni(y and frold WSN,its
<br /> and'pollutanY shall mean any soGd,liquid,gaseous or thertnal irritant or contaminant, oficers,consultant(s),subcontractor(s),employees arM agents hartniess from,all claims,
<br /> inctuding srtroke,vapor,soot,alkalis,chemipls arb hazardous ar toxic waste. damages,tosses and expenses including attomeys'fees arising out of,or resui6ng irom,any
<br /> Hazardous or toxic waste means arry substance,waste pollutant or contaminant now or interpreta6on,clarifipfion,subs6tution acceptance,shop drawing or sample app�oval or
<br /> hereaRer included within such terms under any federal,state or local statute, modification af such documenta6on issued or cartied out by CLIENT or others.Nothing
<br /> ordinance,code,rule or regulabon now enisting or trereinalter enacted or amended. coritained in this paragraph shali be consWed to release WSN,its officers,consultant(s),
<br /> Waste further includes materials to be recyded,recondfioned or rectaimed. subcontractor(s),employees and agents from IiabiGty for failure to perfortn in acxordance with
<br /> professional standards any duty or responsib�ityr which WSN has undertaken or assumed
<br /> If WSN encounters,or reasonabiy suspects fhat it has encountered,asbestos or under this Agreement.
<br /> pollution in fhe Praject,WSN shall cease activity on the Project artd prompUy natify the
<br /> CLIENT,who shall proceed as set forth above.Unless otherwise specifically pmvided
<br /> in the Letter Agreement,the sarvic�s to be provided by WSN da not include ARTICLE 10.REVIEW OF SHOP DRAWINGS AND SUBMITTALS
<br /> iden6fica6on of asbestos or pollution,arM WSN has no duty to identify or attempt to WSN may review and approve ortake ather appropriate action on the contractor's submittals
<br /> identify the same within the area af the Project. or shop drawings for the limited purpose of chedcing for gerreral confortnance with infartnation
<br /> given and design concept e�ressed in the Contract Documents. Review and/or approval of
<br /> With respect to the foregoing,CLIENT acknowledges and agrees that WSN is not a submittals is not conducted for the purposre af determining accuracy and completeness of
<br /> user,hartdler,generator,aperator,treater,storer,transporter or disposer of asbestos or ather details or for substantiating instructions for instauation ar perfortnance of equiprtrent or
<br /> pollution which may be encountered by WSN on the Project.It is Turther understood systems,all af which remain the exclusive responsibility of the contractor. WSN's review
<br /> and agreed that servic:es WSN will undertake for CLIENT may be uninsurable and/or approval shail not constitute approval of safety precautions,or any consWction
<br /> obligations inwiving the presence or potential presence of asbestos or poilution. means,methods,techniques,sequences or procedures. WSN's approval of a specfic itam
<br /> Theretore,CLIENT agrees,e�ept(1)such liability as may arise out af WSN's sole shall not indipte approval of an�bty of which the item is a component WSN's review
<br /> negligence in the performance af services urber this Agreement or(2)to the e�dent of and/or approval shall not relieve contractor for arry deviations from the requirements af ihe
<br /> insurance coverage available for the ciaim,to hold hartnless,indemniry arM defend contract documents nor from the responsibility for errors or omissions on items such as s¢es,
<br /> WSN arnJ WSN's officers,subcontractor(s),employees and agents from and against dimensions,quantiGes,colars,or locations.Contractar shall remain solety responsibie for
<br /> any and all claims,lawsuits,damages,liability and costs,including,but not Gmited to, compliance with any manufactuBr requirements and recnmmemla6ans.
<br /> cosfs of defense,arising out of or in any way connected with the presence,discharge,
<br /> release,or escape of asbestos or polludon.This indemnfication is intended to apply
<br /> only to enisting conditions and rrot to conditions caused or created by WSN.This ARTICLE 11.REVIEW OF PAY APPLICATIONS
<br /> indemnification shall survive the tertnina6on of this Agreement If included in the scope af servic�s,any review or certifipdon of any pay applications,ar
<br /> certficates af completion shall be based upon WSN's observation of the Work and on the
<br /> 9. Provide such accoun6ng,irbependent c�st estimating and insurance counseling data comprising the contractofs applicabon for payment,and shall indicate that to the best of
<br /> services as may be required for the Praject,such tegal services as CLIENT may require WSN's knowtedge,information and belief,the quanMy and quality of the Work is in generai
<br /> or WSN may reasonably request with regard to legal issues pertaining to the Project confortnance with the Contract Documents.The issuance of a csrtificate for payment or
<br /> including any that may be raised by ConVactor(s),such auditing service as CLIENT substantial completion is not a representa6on that WSN has made exhaustive or con6nuous
<br /> may require to ascertain how or for what purpose any Contractor has used the moneys inspectians,reviewed construction means and methods,verified any back-up data provided
<br /> paid under the canstrucGon contract,and such inspection services as CLIENT may by the cantractor,or ascertained how ar forwhat purpose the conhactor has used money
<br /> require ro ascertain that ConUactor(s)are comply�ng with any law,rule,regulation, previously paid by CLIENT.
<br /> ordinance,code ororder applicable to their fumishing and perfortning the xrork.
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