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ARTICLE 7.CLIENT'S RESPONSIBILRIES 10. Provide'record°drawings and spedAcations for all epsting physipl features,
<br /> A. To permit WSN to perform the servic�s required hereunder,the CLIENT shall supply,in sWctures,equipment,utiG�es,or faa�fies which are pertinent to the Project,to the
<br /> proper time arni sequence,the following at rro e�ense to WSN: extent availabte.
<br /> 1. Provide all program,budget,or other neoessary infortnation regarding ils requiremenis 11. Provide other services,materials,or daha as may be set forth in the Letter
<br /> as nec�ssary for ordefly progress of the work. Agreement or any Exhibits attached hereto.
<br /> 2. Designffie in vmting,a person to act as CLIENTs representative with respect ro the B.WSN may use any CLIENT provided'mformaGon in performing its servioes. WSN sha�be
<br /> servioes to be rendered ur�der this l�qreement.Such person shall have authorliy to entiUed to rely on the accuracy ar�d completeness of infortnation fumished by the
<br /> transmit InstrucUons,�eoeive instructions,receive mfortnation,interpret and define CLIENT.If WSN Ands that any infortnation fumished by the CLIENT is in error or is
<br /> CLIENTs poftcies with respect to WSN's services. inadequate for ifs purpose,WSN shall endeavor to rrotify the CLIENT. However,WSN
<br /> shan not be hetd responsibta for any errors or omissions fhat may ar�e as a result of
<br /> 3. Fumish,as required for performar�ce of WSMs services(except to the extent provided erroneous or incomplete infortnation provided by CLIENT.
<br /> otherwise in the Lerier Agreement or any Fxhib�s attached hereto),data prepared by or
<br /> servioes of athers,including wifhout amitatlon,oore borings,probes and subsurtaoe
<br /> exploratlons,hydrographic and g�hydrotogic surveys,laboratory tests ami inspec�ons ARTICLE 8.OPINIONS OF COST
<br /> of samples,ma0erials arM equipment;appropriate professional interpretaUons of ap of Opinions of probable project c�st,oonstruchon aost,flnanaal evaluatlor�s,feasibility studies,
<br /> the toregoir�g;environmental assessment and impact statements;propert}+,boundary economic anaiyses of altemffie solutior�s and udiitarian considerations of operations and
<br /> easement,right-0f-way,topographic and uh7ily surveys;property desaiptions;zoning, maintenance cosfs provided for fi the Letter Agr�ment or any Exhibits attached hereto are
<br /> deed and other land use restricfion;and other speaal data not covered in the Letter to be made on the basis of WSN's experience and qualifications and represent WSN's
<br /> AgreemeM or any Fxhibits attached hereto. judgment as an experienced design professionai.It is recogn¢ed,however,that WSN does
<br /> not have control over the cost of Iabor,material,equipment or seMoes fumished by others or
<br /> 4. Provide access to,and make ap prowsions for WSN to enter upon publidy or privately over market canditlons or cantractors'methods of determining their prices,artd that any
<br /> owned property as required ro perfortn the work. evaluation of any faa�it�r to be constructed,or aoquired,or work to be per(ormed on the basis
<br /> of WSN's cost opinions must,of neoessity,be speculative un61 comptetion of construction or
<br /> 5. Act as Gaison with other agencies or inwlved parties to carty out neoessary acquisition.Aa�rdingly,WSN does not guarantee that proposals,bids or actual oosts win not
<br /> coordination and negotiatlons;fumish approvals ami pertnits from aU govemmenial substantially vary from opinions,evaluations or studies submitted by WSN to CLIENT
<br /> authorfies having jurisdiction over the Project and such approvals and consents from hereundar.
<br /> others as may be necessary for completion of the Project.
<br /> 6. Examine all repoAs,sketches,drawings,specifications and other documents prepa�ed ARTICLE 9.CONSTRUCTION PHASE SERVICES
<br /> and prese�ed by WSN,obtain advice of an attomey,insurance counsebr or others as CLIENT acdmowledges that it is customary for the architect or engineer who is responsible for
<br /> CLIENT deems nec�ssary for such examination and render in writing,deasions the preparaUon and fumishing af Drawings and Speafiptions and other construction-related
<br /> pertaining thereto within a reasonable time so as rrot to delay the services of WSN. documents to be employed to provide professional senrices during the Bidd'mg and
<br /> Construation Phases of the Project,(1)to inte�pret and clarify the documentation so
<br /> 7. Give prompt w�tken notke to WSN whenever CLIENT observes or othervrise becomes fumished and to mod'iTy the same as aroumstances reveated during bidding and consWcction
<br /> aware of any development that atfects the soope of timing of WSN's services or any may ddate,(2)in cannection with acxeptance of subsUtute or equal items of materials arid
<br /> defect in the work of Construetion Contr�tor(s),Consultants or WSN. equipment proposed by bidders and ConUactor(s),(3)in conne�ion with approval of shop
<br /> drawings and sample submittals,artd(4)as a result of and in response to VJSN's detecting in
<br /> 8. Infiate action,where appropriate,to idenMy and'mvestigate the nature and extent of advance of perfortnance of affected vwrk inconsister�cies or irregulariGes in such
<br /> asbestas andlor polluti�on in the Project and to abate and/or remove the same as may daaimentation.CLIENT agrees that if WSN is not employed to provide such professional
<br /> be required by federal,state or local statute,ordmance,code,rule,or regulation rrow servioes during the Bidd'mg(H the rwrk is put out for bids)artd the ConsW ction Phases of
<br /> epsUng or hereinafter enacted or amended.For purposes of this Agreement,'pollufon' the Project,WSN wi0 not be responsible for,and CLIENT shall indemnify and hold WSN,its
<br /> and'poputanY sha�mean any so�d,Gquid,gaseous or thertnal irritant or contaminant, officers,consultant(s),suboontractar(s),employees and agents hartnless from,aU claims,
<br /> ir�duding smoke,vapor,soot,alkaGs,chemipls and hazardous or to�tic waste. damages,losses and expenses ir�clud'mg attomeys'fees arising out of,or resulUng from,any
<br /> Hazardous or toxic waste means any substance,vraste ponutant or contaminant now or interpretation,darification,subsbhition acceptance,shop drawing or sample approval or
<br /> hereafter included within such terms under any federal,state or local statute, modificaHon of such documentaUon issued or carried out by CLIEIV7'or others.Nothing
<br /> ordinance,code,rule or regulation now exisUng or hereinafter enacted or amsnded. contained in this paragraph shap be construed to release WSN,its otficers,consultant(s),
<br /> Waste further includes materials to be recycled,reconditioned or reclaimed. subcontractor(s),empioyees and agents from Qab�ity for failure to perform m accorrdam�with
<br /> professional standards any duty or responsibility which WSN has undertaken or assumed
<br /> if WSN encounters,or reasonabty suspects that it has encountered,asbesros or under this Agreement
<br /> podufion in the Project,WSN sha0 cease activity on the Project and promptly noMy the
<br /> CLIENT,who shap pra�ed as set forth above.Unless otherwise spec(ficalty provided
<br /> in the Letter Agreement,the servioes to be provided by WSN do not include ARTICLE 70.REVIEW OF SHOP DRAWMGS AND SUBMIITALS
<br /> IdentificaUon of asbestos or pollution,arM WSN has no duty to identify or attempt ta WSN may review arM approve or take other appmpriate action on the contractor's submittals
<br /> identlfy the same within the area of the Project or shop drawings for the limited purpose of cheddng for gerreral conformance with informaation
<br /> given ami design concept expressed in the Contract Documenls. Review andlor approval of
<br /> With respect ro the foregoing,CUEM admowledges and agrees that WSN is not a submittals is not co�ucted for the purpose of determiNng aocuracy aiM compteterress of
<br /> user,handler,generator,operator,treater,storer,transporter or disposer of asbestos or other�tails or tor substantiating instructions for installation or performance of equipment or
<br /> po�ution which may be ern�untered by WSN on the Project.It is further understood systems,ail of which remain the exdusive responsib1fiy of tha contractor. WSN's review
<br /> and agreed that services WSN wID undertake for CLIENT may be uninsurabte and/or approval sha�not consMute approval of safery precaufions,or any consUuction
<br /> obGgations inwlving the presence or poterdial presence of asbestos or pollution. means,methods,techniques,sequences or prooedures. WSN's approval of a speafic item �
<br /> Therefo�e,CLIENT agrees,except(1)such GabiGty as may arise out of WSN's sole shall not indicate approval of an assembly of which the item is a comportent. WSN's review
<br /> negliger�ce in the perfortnance of services under this Agreement or(2)to the extent af andlor approval shail not reGeve contractor for any deviations from the requirements of the
<br /> Insurance coverage availabte for the daim,to hotd harmless,indemnify and deferM contract documents nor from the responsibaity for errors or omissions on Rems such as sbes,
<br /> WSN and WSN's oi6cers,suboontractor(s),employees and agents fram and against dimensions,quantities,colors,or loca�ons.Contractor shall remain solely responsibte for
<br /> any and an claims,lawsuits,damages,liability and oosts,including,but rrot limited to, compl'�ance with any manufacturer requirements arM reoommer�dations.
<br /> costs of defense,arising out of or in any way connec�d with the presem�,discharge, '
<br /> release,or escape of asbestos or pollution.This indemniflcation is intended to apply
<br /> only to epstlng corMfions and not to condih'ons caused or aeated by WSN.This ARTICLE 11.REVIEW OF PAY APPLICATIONS
<br /> indemnification shail survive the tertnination of this Agreement. If included'm the soope of seMces,any review or cerBfication of any pay appfications,or �
<br /> certificates of completion shali be based upon WSN's abservation of the Work artd on the ;
<br /> 9. Provide such aaroun6ng,independent c�st estimating and insurance counseling data comprisi�the contractors apptiqtion for payment,a�shall fidipte that to the best of ,
<br /> services as may be required for the Project,such legal servioes as CLIENT may require WSN's knowledge,informatian and belief,the quantily and quality of the Work is in gerreral
<br /> or WSN may reasonabiy request with regard to legal issues pertaining to the Project contormance with the Contract Documents.The issuance of a cerdflcate for payment or �
<br /> inclu�ing any that may be raised by Contractor(s),sudi audi6ng service as CLIENT substantial comptetion is not a representa�on that WSN has made exhaustive or continuous ,
<br /> may require to asoertain how or for what purpose any Contractor has used the morreys inspecUons,reviewed construcfion means and methods,verified any badc-up data prowded I
<br /> paid under the construcction contract,ar�d such inspection servioes as CLIENT may by the contractor,or asoertained frow or for what purpose the contractor has used rtroney �
<br /> require to ascertain that Contractor(s)are complying with any law,rule,regulation, previously paid by CLIENT.
<br /> ordinance,code or order applicable to their fumishmg and perfortnmg the xork i
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