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'.RTICLE 7. CLIENTS RESPONSIBILITIES
<br />To Permit WSN 10 perform the services required hereunder, the CLIENT shall sup* in proper
<br />time and sequence, the Mowing at no expense to WSN:
<br />1: Provide all necessary information regarding is requirements as necessary for orderly
<br />progress of the work
<br />2 Designate in writing, a person bad as CLIENT s representative with respect to the.
<br />services to be rendered under this Agreement Sudh person shag have authority to transmit
<br />instuctions. ream instructions. receive information, interpret and detine amrs pontes
<br />with respect to WSITs services.
<br />Furnish, as required for perfomhance 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 withal Imitation, care borings, probes and subsurface
<br />explorations, hydrographic and geohydrologic surveys, laboratory tests and "inspection 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-0t- way, topographic and utfdy surveys; property descriptions; zoning, deed
<br />and other land use restriction; and other special data not covered in the Lefler Agreement
<br />or any Exhibits attached hereto.
<br />4. Provide access b. and make al provisions for WSN to enter upon puf>tidy or privately
<br />owned property as required to perform the work
<br />5. Act as liaison with other agencies or involved patties to carry out necessary coordination
<br />and negotiations; furnish approvals and permits from all governmental auttadtes having
<br />jurisdiction over the Project and such approvals and consents from others as may be
<br />necessary for completion of the Project
<br />fit. Examine all reports, sketches, drawings, specifications and other documents prepared and
<br />Presented by WSN, obtain advice of an atomey, insurance counselor or others as CLIENT
<br />deems necessary for such examination and render in writing, decisions pertaining ftmb
<br />within a reasonable time so as not to delay time 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 timing of WSN's services or any defect
<br />in the work of Construction Contactor(s), Cm-Aants or WSN.
<br />8. Initiate action, where appropriate; t0 identify and investigate the nature and extent of
<br />asbestos ardor pollution in the Project and to abate aalfor remove the same as may be
<br />required by federal, statear local statlrte, ordinance. bade, nub, or regulation now existing
<br />or hereinafter enacted or amended. For purposes of this Agreement, 'po0utiioh' and
<br />'poArlanr shag mean any sold, fpuid,.gaseous or thermal irritant or contaminant, inducting
<br />smoke, vapor. soot, alkals, c heinicals 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, stab or bcalsfalute, ordnance, code, rule or
<br />regulation now existing or hereinafter enacted or amended. Waste further includes
<br />materials to be recycled, reconditioned or reclaimed.
<br />It WSN encounters, or reasonably suspects tat 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 />pogul ion, and WSN has ro duly.to identify or attempt to identify the same within the area of
<br />the Project
<br />With respect to the foregoing, CLIENT wknowlelps and agrees that WSN. "s rat a user,
<br />handier ger>erator. operator, treats sorer trarspater or disposer of asbestos or pollution
<br />which may be encounlered by WSN on the Project. It istur w understood and agreed that
<br />services WSN will undertake for CLIENT may be uninsurable obligations inv ng the
<br />Presence a Potential Presence of asbestos or PO&AM Therefore, CLIENT agrees. except
<br />(1) such liabTdy as may arise out of WSNs sole negligence in the performance of services
<br />under this Agreement or (2) 10 the extent of insurance coverage available for the claim, to
<br />hold harmless, indemnify and defend WSN and WSN's officers, suboahtradmr(s),
<br />empbyees and agents from and against any and all claims, lawsuits, damages, liability and
<br />cam, ihdudinIl, but not timed b, costs. of defense, arising out of or in any way connected
<br />with tie p -ence, ds hwA mbw,.or escape of asbestos a pdtluton This .
<br />education is intended b apply only to existing conditions and not to cerhdttions caused
<br />or created by M.
<br />9. Provide such coo w trig, Independerd cost estimating and insurance counseling services
<br />as may be required for the Priijeri, such legal services as CLIENT may Pequke or WSN
<br />may reasonably request with regard to legal issues pertaining to the Project vwiudlg any
<br />that may be rased by Contracb(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 Contracto rs) are complying with any fir. r le, regulation, arduermce, code or order
<br />applicable to their furnishing aid Performing the work
<br />10. Provide 'record' drawings and specifications for all existing physical plants or faa'6ties
<br />which are pertinent to the Project
<br />11. Provide other services, materials, or data as maybe set forth in the teter Agreement or
<br />any Exhibits altadhed hereto.
<br />B. WSN may use any CLIENT provided information in performing is services WSN shat be
<br />entitled to rely on the accuracy and completeness of information famished by the CLIENT. If
<br />WSN finds that any information famished by the CLIENT is in edor or is inadequate for its
<br />Purpose. WSN shat endeavor to notify the CLIENT. Howevs, WSN shag rat be held
<br />responsible for any eras 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; feasngity studies,
<br />economic analyses of aiernate solutions and ubTitatian considerations of operations and
<br />maintenance costs provided for in the Letter Agreement or any Exhibis attached thereto are to be
<br />made on the basis of WSN's experience and qualifications and represent WSNs judgment as an
<br />experienced design professional. It is recognized, however, that WSN does not have control over
<br />the costof labor, material, equipment or services furnished by others or over market oorhditoihs or
<br />cerdraclors' methods ofdetenrhnhitg thek prim, and that any evaluation of arty facility to be
<br />constructed, or acquired. or work to the performed on the basis of WSMs cost opinions must, of
<br />necessity, be speculative until completion of Construction of acquisition. Acc rduhgly, WSN does
<br />riot guarantee that proposals, lids of 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 acknowledg4that it is customary for the architect or engineer who is responsible for the
<br />preparation and furnishing of Drawings and Specifications and other donsti uction-vel led
<br />documents to be employed to provide professional services during the Bidding and Construction
<br />Phases of the Project, (1) to interpret and da*.I he documentation so Wished and to modify
<br />the same as circumstances revealed dung ddnfeg and mnsfirclim may dudale, (2) in
<br />connection with acceptance of substitute or equal item cif amaterbls and equipment proposed by.
<br />bidders and Contractor(s), (3) in con neclim with approval of shop drawings and sample
<br />submittals, and (4) as a result of and in response to WSN's•deteding 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 Biddng (d the work is put
<br />out for bids) and the Construction Phases of the Project WSN will not be responsible for, and
<br />CLIENT shall Indemnity and hold WSN, its officers, consultant(s), subcorduactor(s), employees
<br />and agentsfiannless from, al claims, damages, losses and expenses including atlomeys' fees
<br />atahg orR of. or Ong from, arty interpretation, clarification, - listkutou acceptance, shop
<br />drawing or sample approval or modification of such do umentation'issued or carried out by
<br />CLIENT.or others. Nothing contained in this paragraph shag be construed to release WSN, is
<br />officers, consultand(s). subconbactbr(s), empbyees and agents tram liability for faaure to perlo m
<br />in aocoudanCe with professlomat standards any duly or responsitiily which WSN has undertaken
<br />or assumed under this Agreement.
<br />ARTICLE 10. REVIEW OF SHOP DRAWINGS AND SUBMAL.S
<br />WSN may review and approve or take o0w appropriate action on the contractors submit* or
<br />slap drawings for the 166 purpose of checking for general conformance with nfoumaduri given
<br />and design concept expressed in the Contract Documents: Review ardor approval of suliff is
<br />is not conducted for the purpose of determining accuracy and cci pkferhess of offwdetals or for
<br />MbsUnliating instructions for Installation or performance ofequipment or systems,alofwhich
<br />remain the exclusive responsi7dy of the eahiraclor -WSN's review andlorapproval shat not
<br />constitute approval of safety Precautions. or any construction means, methods, Winkfias,.
<br />sequeinces or procedures WSN's approval mr i specgc item dM W ndncab appmW of an.
<br />assembly of which the item's a component. WSN's review andfor approval shall not relieve
<br />conbaft for any deviators from the requirements of this contract documents nor from the
<br />responsibilly for errors or omissions on items such as saes, dimensions, quantifies, colors, or
<br />ARTICLE 11. REVIEW OF PAY APPLICATIONS
<br />0 included in the scope of services, any review or cerfdnafior► of any pay application% or
<br />certificates of oornpietion shall be based upon WSN's observation of Be Work and on the data
<br />comprising dw contractors ap kalkinh for Payment and shag indicate that to the best of WSMs
<br />bawledge, information and befit, the quantity and quatily of the Work is in general canbmance
<br />with the Contact Oocanerds. The issuance of a cefifxsle for payment or substantial completion
<br />is not a representation that WSN has made exhaustive or corhlnuous ispectons, reviewed
<br />construction means and methods, varified any back-up data pecryided by the contractor or
<br />ascertained how or for what purpose the contractor has used now previously paid by CLIENT.
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