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"' cRTICLE 12. REQUESTS FOR INFORMATION (RFI)
<br />If included in the scope of services, WSN will provide, with reasonable promptness, written
<br />responses to requests horn any contractor for Clarification, interpretation or infornaton on the
<br />requirements of the Contract Documents t Con tractor's RFrs are, in WSN's professional opinion,
<br />for information readily apparent from reasonable observation of field conditions or review of the
<br />Contract Documents, or are reasonably inferable therefrom, WSN shag be entitled to compensation
<br />for Additional Services for WSN's fire in responding to such requests. CLIENT may wish to make
<br />the Contractor responsible to tie CLIENT br all such charges for additional services as described in
<br />this article.
<br />ARTICLE 13. CONSTRUCTION OBSERVATION
<br />If included in the scope of services. WSN will make site visits as specified in the scope of services in
<br />order to observe the progress of the Work completed. Such site visits and observations are not
<br />intended b be an exhaustive check or detailed inspection, but rather are to allow WSN to become
<br />ge--rAY familiar with the Work WSN shag keep CLIENT informed about the progress of the Work
<br />and shag advise the CLIENT about observed deficiencies in the Work. WSN shag not supervise,
<br />direct or have control over any Contractor's work, nor have any respokhsibilly for the constrnxfpn
<br />means, methok techniques, sequences ar procedures selected by the Contractor nor for the
<br />Contractors safety precautions or programs in connection with the Work These, rights and
<br />responsiblites are solely those of the Contractor. WSN shag not be responsible for any acts or
<br />omissions of any Contractor and shag not be responsible for any Contractors failure to perbrm the
<br />Work in accordance with the Contract Documents or any applicable laws, codes, rides or
<br />regulations
<br />t construcfan observation services are not included in the scope of services, CLIENT assumes all
<br />responsibility for interpretation of the Contract Documents and for construction observation, and the
<br />CLIENT waives any dams against WSN that are connected with the performance of such services.
<br />ARTICLE 14. BETTERMENT
<br />t, dire to WSN's negligence, a required kern or component of the Project is omdLed from the
<br />construction documents, WSN shag not be responsible for paying the cost required to add such item
<br />or component b the extent that such item or component would have been required and included in
<br />the original motion documents. In no event, wig WSN be responsible for any cost or expense
<br />1 provides betterment or upgrades or enhances the value of the Project.
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<br />ARTICLE 15. CERTIFICATIONS, GUARANTEES AND WARRANTIES
<br />WSN shall not be required to sign any documents, no mater by who requested, that would result in
<br />WSN having b cerfity, guarantee or warrant the existence of conditions whose existence WSN
<br />cannot ascertain. CLIENT agrees not to make resolution of any dispute with WSN or payment of
<br />any amount due lo WSN in any way contingent upon WSN signing such owtification.
<br />ARTICLE 14. CONTINGENCY FUND
<br />CLIENT and WSN agree that certain increased costs and Changes may be required because of
<br />Possible omissions, ambiguities or mcOnStslencies in the plans and spec locations prepared by WSN,
<br />and therefore, that fie final construction Cost of the Project may exceed the bids, contract amount or
<br />estimated construction cost. CLIENT agrees to set aside a reserve in the amount of s% of the
<br />Project construct costs as a contingency to be used, as required, to pay for any such Increased
<br />costs and charges. CLIENT further agrees to make no claim by way of died or third -party action
<br />against WSN with respect to airy increased costs within the contingency because of such changes
<br />or because of any dams made by any Contractor relatjng to such changes
<br />ARTICLE 17. INSURANCE
<br />WSN shag Facie and maintain insurance for protection from claims against it under workers'
<br />compensation acts, dawns for damages because of bodly Injury including personal injury, sickness
<br />or disease or death of any and all employees or of any person other than such employees, and from
<br />daims against it for damages because of injury to or destruction of properly kkx ing loss of use
<br />resulting t'nerehom
<br />Also. WSN shall procure and maintain professional liability insurance for protection from darts
<br />arising out of perbrrnance of pn>t ssional services caused by any negligent ac, error, or ortrission
<br />for which WSN is legally, Gable.
<br />Certifies of insurance will be provided to the CLIENT Won request,
<br />ARTICLE IS. ASSIGNMENT
<br />- ^ether Party to this Agreement shag transfer, sublet or assign any rights or duties under or Iderest
<br />�is Agreement, lclrding but rat imited to monies that are due or monies that may be due,
<br />the prior written consent of the other parry. Su bcontractng to subconsulfants, normally,
<br />contemplated by WSN as a generagY aompid bps pracfioe, shall not be considered an
<br />assignment for purposes of fn's Agreement.
<br />ARTICLE 19. NO THIRD -PARTY BENEFICIARIES
<br />Nothing contained in this Agreement shall create a contractual relationship or a cause of action
<br />by a third -party against either WSN or CLI ENT. WSN's services pursuant to this Agreement are
<br />being performed solely for the CLIENT's benefit, and no other party or entity shag have any darn
<br />against WSN because of this Agreement.
<br />ARTICLE 20. CORPORATE PROTECTION
<br />It is intended by the parties to this Agreement that WSWs services in connection with the Project
<br />shag not subject WSN's individual employees, officers or directors to any personal legal exposure
<br />for the risks associated with this Project: Therefore, and notwithstanding anything to the contrary,
<br />CLIENT agrees that as the CLIENTS sole and exclusive remedy. any claim, demand or suit shat
<br />be directed andlar asserted only against WSN, a lAnnesota corporation, and not against any of
<br />WSN's individual employees, officers or directors.
<br />ARTICLE 21. CONTROLLING LAW
<br />This Agreement's b be governed by the laws of the State of IAamesota.
<br />ARTICLE 22. ASSIGNMENT OF RISK
<br />In recognition of the relative risks and benefds of the project to both the CLIENT and WSN, the
<br />risks have been allocated such that the CLIENT agrees, to the hest exlerd permited by law. to .
<br />grit the liability of WSN, employees of WSN and sub-oonsutards, to the CLIENT and b all
<br />construction contractors, subcontractors, agents and assigns on the project for any and all claims,
<br />losses, costs. damages of any nature whatsoever or darns expenses from any cause or causes,
<br />so that total aggregate iabTity of WSN, employees of WSN and sub-consultants, bag those
<br />named shag not exceed WSN's total tee for services rendered an this project Such claims and
<br />causes include, but are not limited to negligence, professional errors or omissions, skid iabiity,
<br />breach of contract or warranty.
<br />ARTICLE 23. NON-DISCRIMINATION
<br />WSN wig comply with the provisions of applicable federal, state and local statutes. ordinances
<br />and regulations pertaining to human rights and non - discrimination.
<br />ARTICLE 24. SEVERABIM
<br />Any pion or portion thereof in this Agreement which is held to be void or unenforceable under
<br />arty law shag be deemed stricken, and all remaining provisions shag continue to be valid and
<br />tindig between CLIENT and WSN. All limits of iabhl ly and Indemnities contained in the
<br />Agreement shag survive the completion or termination of the Agreement
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