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ARTICLE 7. CLIENT'S RESPONSIBILITIES 10. P�ovide'record'drawings and specifica6ons for all ebsting physiql features, �
<br /> A. To pertnit WSN to perform the services required hereunder,the CUENT shall suppty,in sWctures,equipment,utilities,ar facili�es which a�e pertinent to the Project,to the �
<br /> proper time and sequence,the following at no expense to WSN: extent available.
<br /> 1. Provide all program,budget,or other necessary infortnation regabing its requirements 11. Provide ather services,materials,ordata as may be set forth in the Letter
<br /> as nec�sary far orderly progress of the wo�C. 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 CLIENT provided infortnaation in perfortning its servioes.WSN shall be �i
<br /> servic:es to be rendered under this Agreement Such person sha�have authority to entitled ta rely on the acxuuracy and oompleteness of infortnation fumished by the
<br /> transmit instructions,receive instructions,receive infortnaGon,interpret and define CLIENT.if WSN finds that any infortnation fumished by fhe CLIENT is in ertor or is
<br /> CLIENT's poliaes with respect to WSN's services. inadequate for its purpose,W5N shall endeavor to rrotify the CLIENT. However,WSN
<br /> shall not be held responsible for any errors or omissior�s that may arise as a result of �
<br /> 3. Fumish,as required for performance of WSMs services(except to the e�Aent p�ovided erroneous or incomplete infortnation provided by CLIENT.
<br /> otherwise in the Letter Agreement or any Exhibits attached hereta),data prepared by or '
<br /> services of others,including without IimRation,core borings,probes and subsurface �
<br /> explorafions,hydrographic and geohydrologic sunreys,latmratory tesis and inspections ARTICLE S.OPINIONS OF COST
<br /> of samples,materials and equipment;appropriate professional interpretations af all of Opinions of prabable project cbst,construction cpst,financial evaluatians,feasibility studies,
<br /> the foregoir�g;environmental assessmant and impact statements;property,bourbary economic analyses of altemate solutians arM utilitarian consideretions af aperations and
<br /> easertrent,right-of-way,topographic and utility surveys;property desaiptions;mning, maintenance costs provided for in the Letter Agreement or any Exhibifs attached hareta are
<br /> deed and other land use restriction;and ather special data rrot covered in the Letter to be made on the basis af WSN's experience and qualfications and represent WSN's
<br /> Agreement or any Exhibifs attached hereto. judgment as an experienced design professional.It is recognized,however,that WSN does �
<br /> not have control aver the cost of labor,material,equipment or services fumished by others or �
<br /> 4. Provide acc�ss to,and make aIl provisions for WSN to enter upon pubticty or privateiy over market conditions or contractors'methods of detertnining their pric�s,and that any 'i
<br /> owned propeAy as required to perfortn the vrork. evaluation of any facility to be consWcted,or acquired,arwork to be perfomied on the basis il
<br /> of WSN's cast opinions must,of nec�ssity,be speculative until compietion of consWction or
<br /> 5. Act as liaison with other agencies or inwlved parUes to carry aut neoessary acquisi�on.Aocordingly,WSN does rrot guarantee that proposals,bids or actual c�sts will not ',
<br /> c�ordination and nego6atians;fumish app�ovats ami pertnits from all govemmenlal subsiantiany vary fiom apinions,evaluaations or studies submiried by WSN to CLIENT I
<br /> authorifies having jurisdiction over the Projed and such approvals and conserits fram hereunder. ,
<br /> others as may be necessary for comple6on af the Project
<br /> 6. Examirre all reports,sketches,drawings,specifications and other documenLs p�epared ARTICLE 9.CONSTRUCTION PHASE SERVICES
<br /> and presented by WSN,obtain advice af an attomey,insurarn�counselor or athers as CLIENT acknowledges that it is custamary for fhe arohitect or engineerwho is responsbfe for
<br /> CLIENT deems necessary for such examination and render m writing,decisions the preparation and fumishing of Drawings and Specfications and other construction-related
<br /> pertaining thereto within a reasonable timme so as not to delay the senrices of WSN. documents to be employed to provide professional servic�during the Bidding and
<br /> Construction Phases of the Project,(1)to interpret and clarify the documentation so
<br /> 7. Give prompt written notice ro WSN whenever CLIENT observes or othenvise becomes fumished and to modify the same as arcumstances revealed during bidding and construciion i
<br /> aware of any devetopment that aftects the scope of timing of WSN's services or any may dicfate,(2)in connection with�tance of substih�te or equal items of matsrials and
<br /> defect in the work of Constructlon Contractor(s),Consultants or WSN. equipment propased by bidders and Cantractor(s),(3)in connection with approval of shop
<br /> dravuings and sample submiftals,and(4)as a result of and in response to WSN's detecting in
<br /> 8. Infiate action,where app�opriate,to identi(y and investigate the nature artd extent of advar�ce of performance af aHected work inconsistencies ar irtegulari'ties in such
<br /> asbestas andfor pollution in ihe Project and to abate and/or remove the same as may documentation.CLIENT agrees that if WSN is not employed to provide such professional �
<br /> be required by federal,state or local statute,ord'mance,code,rule,or regulation now servic�s during the Bidd'mg(ff the work is put out for bids)and the Construction Phases of '
<br /> e�dsting or hereinalter enacted or amertded.For purposes of this Agreement,'pollution' the Praject,WSN�n11 nat be responsibte for,and CLIENT shall indemnify and hotd WSN,its II
<br /> and'pollutanY shall mean any solid,Gquid,gaseous or thertnal irtitant or contaminant, oficers,consultant(s),suboontractor(s),employees and agents hartnless from,all claims, ,
<br /> inctuding smoke,vapor,soot,alkalis,chemicals and h�ardous or toxic waste. damages,losses arb expenses im�uding attomeys'fees arising aut of,or resulting from,any '
<br /> Hazardous or to�ac waste means arry substance,waste poilutant ar contaminant now or interpretation,clarification,substifi�on acoeptance,shop drawing or sample approval or
<br /> hereatter induded within such tertns under any federal,shate or lacal statute, modfication of such docume�ation issued ar cartied out by CUENT or others.Nothing
<br /> ordinance,code,rule ar regulation now existing or hereinafter enacted or amendad. contained in this paragreph shall be construed ta release WSN,its oficers,consuitant(s),
<br /> Waste furfher includes materiats to be recyded,recondfioned ar reclaimed. subcontrac6or(s),emptoyees and agenis from liability for failure to perfortn in accordance with
<br /> professionat standards any duty or responsiblity which WSN has wdertaken or assumed
<br /> If WSN encounters,or reasonably suspects that it has encountered,asbestas or under this AgreemeM.
<br /> pollution in the Project,WSN shall cease acUviry on the Project and promptly notify the
<br /> CLJENT,who shall pra�ed as set forth above.Unless otherv�se specfically provided
<br /> in the Letter Agreement,the services to be provided by WSN do not include ARTICLE 10.REV�VM1I OF SHOP DRAVYINGS AND SUBMrtTALS
<br /> identification of asbestas ar pollution,and WSN has no duty to identify ar attempt to WSN may review and approve or take other appropriate action an the contractar's submittals
<br /> iden6fy the same within the area of the Praject. or shop drawings for the fimited purpose of checking for gerreral confortnance with information
<br /> given and design concept axpressed in the Contract Documents. Review and/or approval of
<br /> With respect to the foregoing,CUENT acknowledges and agrees that WSN is not a submittals is not conducted for the purpose of determining accuracy and completeness of
<br /> user,harbler,generator,operator,treater,storer,transporter ar disposer af asbestas or other detaJs or for subshantiating instructio�for installation or perfortnance of equipment or I
<br /> pollution which may be er�countered by WSN on the Project It is furfher understood systems,au of which remain the exclusive responsibiGly of the contractnr.WSN's review �
<br /> and agreed that services WSN wili undertake for CLIENT may be uninsurable and/or approval shall not constitute approval of safety precaubons,or any construction �'
<br /> obGgations inwlwng the presence or poten6al presence af asbestas or pollution. means,metliods,tediniques,sequences or pra�dures. WSN's approval of a specific item
<br /> Therefore,CLIENT agrees,except(1)such liability as may arise out af WSN's sole shall not ind'uxte approval of an assembly of which the ihem is a oomponent.WSN's review
<br /> negligence in the perfortnance of senric�s urMer this Agreement or(2)to the extent of end/or approval shall not relieve contractor for any deviations from the�equirements of the ;
<br /> insurance coverage available for the claim,to hold hartnless,ir�demnifjr and defend contract documenis nor from the responsibility for errors or omissions on items such as sizes,
<br /> WSN a�tti WSN's oficers,subcontractor(s),employees and agents from and against dimensions,quantities,colars,or loca6ons.Contractor shail remain sotely responsible for ',
<br /> any and all claims,lawsuits,damages,IiabiGt�r artd costs,including,but rrot fimited to, compliance with any manufacturer requirements arb recommendations.
<br /> costs of defense,arising out of or in any way connected with the presence,discharge,
<br /> release,or escape of asbestos ar pollution.Th's indemnifrcation is mtended to appiy
<br /> only to existing conditions and not to condi6ons caused or created by WSN.This ARTICLE 11.REVIEW OF PAY APPLICATIONS
<br /> indemnfication shall survive the tertnination of this Agreement. If inctuded in the scope of services,any reviaw or certifification of any pay applica6ons,or
<br /> certificates of completion shall be based upon WSN's observa6on of the Work and�the
<br /> 9. Provide such accounting,irtdependent cbst estimating and insurance counseling data comprising the contractnrs apptication for payment,and shail indicate that to the best of
<br /> services as may be required for the Praject,such legal servic�s as CLIENT may require WSN's knoxrledge,informabon aml belief,the quan6ty and quality of the Work is in general
<br /> or WSN may reasonably request with regard to legal issues pertaining to the Project coniortnance with the Contract Documents.The issuar�ce of a certificate for payment or
<br /> inciuding any that may be raised by Contractor(s),such auditing service as CLIENT substantial completion is not a representation that WSN has made exhaustive or continuous
<br /> may require to ascertain how or for what purpose any Contractor has used the moneys inspectlons,reviewed construction means and methods,verified any back-up data p�ovided
<br /> paid under the consUucdon contract,and such inspection services as CLIENT may by the contractor,or ascertained how or forwhat purpose the contractor has used money
<br /> require to ascertain that Contrador(s)are complying with any law,rule,regula6on, previousty paid by CLIENT.
<br /> ordinance,code or order applicable to their fumishing and perfortning the work.
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