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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. <br />14%i <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 <br />HJN/hjn/929004vt <br />