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ARTICLE 7. CLiENT'SRESPONSIBILITIES
<br />A. To permit WSN to perform the services required hereunder, the CLIENT shag supply, in proper
<br />time and sequence, the following at no expense to WSN:
<br />1, Provide all necessary information regarding its requirements as necessary for orderly
<br />progress of the work.
<br />2. Designate in writing, 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 transmit
<br />instructions, receive instructions, receive information, interpret and define CLIENT's policies
<br />with respect to WSN's services.
<br />Fumish, as required for performance 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, including without limitation, core borings, probes and subsurface
<br />explorations, hydrographic and geohydrologic 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 -of -way, topographic and utility surveys; property descriptions; zoning, deed
<br />and other land 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 required to perform the work.
<br />S. Act as liaison with other agencies or involved parties to carry out necessary coordination
<br />and negotiations; furnish approvals and permits from all governmental authorities 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, specificatiions and other documents prepared and
<br />presented by WSN, obtain advice of an attorney, insurance counselor or others as CLIENT
<br />deems necessary for such examination and render in writing, decisions pertaining thereto
<br />within a reasonable time so as not to delay the seances 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 timing of WSN's services or any defect
<br />in the work of Construction Contractor(s), Consultants or WSN.
<br />8, initiate action, where appropriate, to identify and investigate the nature and extent of
<br />asbestos and/or pollution in the 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 amended. For purposes of this Agreement, "pollution' and
<br />"pollutant" shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including
<br />smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous or toxic
<br />waste means any substance, waste pollutant or contaminant now or hereafter included
<br />within such terms under any federal, slate or local 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 />If WSN encounters, or reasonably suspects that 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 otherwise specifically provided in the Letter
<br />Agreement, the services to be provided by WSN do not include identification of asbestos or
<br />pollution, and WSN has no duty to identify or attempt W identify the same within 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, scorer, 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 WSN's sole negligence in the performance of services
<br />under this Agreement or (2) to the extent of Insurance coverage available for the claim, to
<br />hold harmless, indemnify and defend WSN and WSN's officers, subcontractor(s),
<br />employees and agents from and against any and all claims, lawsuits, damages, liablity and
<br />costs, including, but not limited 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 intended 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 the Project, such legal services as CU ENT may require or WSN
<br />may reasonably request with regard to legal issues pertaining to the Project including any
<br />that may be raised by Contractor(s), such auditing 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 Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
<br />applicable to their furnishing and performing the work
<br />10. Provide `record' drawings and specifications for all existing physical plants or facilities
<br />which are pertinent to the Project.
<br />11. Provide other services, materials, or data as maybe set forth in the Letter Agreement or
<br />any Exhibits attached hereto.
<br />B. WSN may use any CLIENT provided information in perfomilng its services. WSN shall be
<br />entitled to rely on the accuracy and completeness of information furnished by the CLIENT. If
<br />WSN finds that any information furnished by the CU ENT is in error or Is inadequate for its
<br />purpose, WSN shall endeavor to notily the CLIENT. However, WSN shall 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 & OPINIONS OF COST
<br />Opinions of probable project cost, construction cost, financial evaluations, feasibility studies,
<br />economic analyses of alternate 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 basis of WSN's experience and qualifications and represent WSN's judgment as an
<br />experienced design professional. It is recognized, however, that WSN does not have control over
<br />the cost of labor, material, equipment or services furnished by others or over market conditions or
<br />contractors' methods of determining their prices, and that any evaluation of any facility to be
<br />constructed, or acquired, or work to be performed on the basis of WSN's cost opinions must, of
<br />necessity, be speculative until completion of construction or acquisition. 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 fumishing of Drawings and Specifications and other construction - related
<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 items 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 WSN's detecting in advance of performance
<br />of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that if
<br />WSN is not employed to provide such professional services during the Bidding (if the work is put
<br />out for bids) and the Construction Phases of the Project, WSN will not be responsible for, and
<br />CLIENT shag indemnify and hold WSN, its officers, consultant(s), subcontractor(s), employees
<br />and agents harmless from, all claims, damages, losses and expenses including attorneys' fees
<br />arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop
<br />drawing or sample approval or modification of such documentation issued or carried out by
<br />CLIENT or others. Nothing contained in this paragraph shall be construed to release WSN, its
<br />officers, consullant(s), subcontractor(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 limited purpose of checking for general conformance with information given
<br />and design concept expressed in the Contract Documents. Review and/or approval of submittals
<br />is not conducted for the purpose of determining accuracy and completeness of other details or for
<br />substantiating instructions for installation or performance of equipment or systems, all of which
<br />remain the exclusive responsibility of the contractor. WSN's review and /or approval shall not
<br />constitute approval of safely precautions, or any construction means, methods, techniques,
<br />sequences or procedures. WSN's approval of a specific item shall not indicate approval of an
<br />assembly of which the item is a component. WSN's review and /or approval shall not relieve
<br />contractor for any deviations from the requirements of the contract documents not from the
<br />responsibility for errors or omissions on items such as sizes, dimensions, quantities, colors, or
<br />locations.
<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 />certificates of completion shag be based upon WSN's observation of the Work and on the data
<br />comprising the contractor's application for payment, and shag indicate that to the best of WSN's
<br />knowledge, information and belief, the quantity and quality of the Work is in general conformance
<br />with the Contract Documents. The issuance of a certificate for payment or substantial completion
<br />is not a representation that WSN has made exhaustive or continuous inspections, reviewed
<br />oonstructlon means and methods, verified any back -up data provided by the contractor, or
<br />ascertained how or for what purpose the contractor has used money previously paid by CLIENT.
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