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/1RTICLE 7.CL�M'S RESPONSIB0.RIES 10. Provide'record'drawings and speafications for all e�ng physical features,
<br /> A To permit WSN to perform the servioes tequired hereunder,the CLIENT shad supply,in strudures,equipment,u60�es,or taaGtles whit�are pertinent to the Project,to the
<br /> proper Ume and sequence,the fonowfig at no expense to WSN: extent avaiiabte.
<br /> 1. Provide ail pmgram,budget,or other neoessary infortnation regard'mg tts requirements 11. Provide other servioes,materials,or data as may be set forth in the Letter
<br /> as necessary for orderlY P�9�ss of the xork. Agreement or any Exhibits attached hereto.
<br /> 2. Designate m writing,a person to act as CUENT's representative with respect to the B.WSN may use any CLIENT provided infom�aUon in performing its servroes. WSN sha�be
<br /> servioes to be rendered under this Agreement Such person shall have authorily to entitled to rely on the aocuracy arM compieteness of informatlon fumishe�by the
<br /> transmit instrucctions,reoeive insWctions,reoefve informatlon,interpret arM defirre CLIENT.If WSN finds that any information fumished by the CLIENT is in error or fs
<br /> CLIEIVT's pa�cies with respect ro WSN's services. inadequate for its purpose,WSN shaU endeavor to rrotify the CLIENI'. However,WSN
<br /> sha0 not be held responsible for any errors or omissions that may arise as a result of
<br /> 3. Fumish,as required for perfortnance of WSN's servic�s(except to the extent provided erroneous or mcomplete informa8on provided by CLIENT.
<br /> othervvise in the Lstter Agreement or any Exhibits attached herero),data prepared by or
<br /> services of others,including without Gmitation,core borings,probes and subsurface
<br /> exploratlons,hydrographic and geohydrologic sunreys,laboratory tests and'mspec�ons ARTICLE E.OPINIONS OF COST
<br /> of samples,ma0erials and equipmenh,appropriate profassoonal interpretaUons of ap of Opiniora of p�obable proJect c�st,consWcUon aost,finanaal evaluatio�,feasibiliry studies,
<br /> fhe foregoing;environmenhal assessment and impact statements;property,boundary ecorromic analyses of aitemate solutlons and utiGharian cans�leratlons of operatlons and
<br /> easement,right-0f-way,topographic and uU1fty surveys;property descrip8ons;zonfig, maintenance costs provided for m the Letter Agreement or any Fxhibits altached hereto are
<br /> deed and other land use restricGon;and other special data not covered in the Letter to be made on tlre basis of WSN's e�edence and quafifications and represent WSN's
<br /> Agreement or any Exhibits attached hereto. judgment as an e�erienced design p�fonal.It is recogn¢ed,houever,that WSN does
<br /> not have control over the cost of labor,material,equipmeM or services fumished by others or
<br /> 4. Provide ac�ess to,and make all provisions for WSN to enter upon pubiicty or privately over market comfiUons or contractars'methods of determining their prioes,artd that any
<br /> ovmed property as required to perform the vmrk. evalua6on of any faa1ity to be constructed,or aoqwred,or work to be performed on the basis
<br /> of WSN's oost opinions must,of neoessity,be speculaBue until completion of conshucllon or
<br /> 5. Act as Gaison with other agencies or invotved parUes to carry out neoessary acx�uisi�on.Aa;ord'mgly,WSN does rrot guarantee that proposals,bids or actual cosis wi0 not
<br /> coordination and ne.gotiations;fumish approvals and permits from an govemmental substan6ally vary from opinions,evaluations or studies submitted by WSN to CLIENT
<br /> authorfies having jurisdiction over the Projed and such approvals and consents from hereurber.
<br /> others as may be nec�.ssary for compleUon of the Project.
<br /> 6. ExamNe all reports,sketches,drawings,spedAcatlons and othar documents prepared ARTICLE 9.CONSTRUCTION PHASE SEtt�IICES
<br /> and presented by WSN,obtain advice of an attomey,insuranoe counsetor or others as CLIENT adcnowiedges that it is customary for the architect or engineer who is responsible for
<br /> CLIENT deems neoassary for such examinatlon and render in wriiting,dedsior�s the preparation and fumishing of Drawings and Specifications and other construdion-rela0ed
<br /> pertainmg thereto within a reasonabie Ume so as rrot to delay the servic�s of WSN. documents to be employed to provide professional servic�s during the Bidd'mg and
<br /> ConstrucGon Phases of the Project,(1)ro interpret and clarity me documentatlon so
<br /> 7. Give prompt written notioe ro WSN whenever CLIENT observes or othenuise becomes fumished and to m�fy the same as dreumstanoes revealed durmg bid�ir�g and co�trucUon
<br /> aNare of any development that aflects the soope of tlming of WSN's services or any may�iclate,(2)m conr�on wifh acceptance of substi�te or equal items of materials and
<br /> defect in the work of Construdion Contractor(s),Consultants or WSN. equipment proposed by bidders and Contractor(s),(3)in conneciion with approval of shop
<br /> drawings and sample submittals,and(4)as a result of and in response to WSN's detecting in
<br /> 8. Initiate action,where appropriate,ro iden6fy and investigate the nawre and extent of advance of performam;e of aHected work inconsisterrc�es or irtegularibes in such
<br /> asbestos and/or polluUon in the Project and to abate andlor remove the same as may doc;umsntation.CLIENT ag�ees that if WSN is not employed to provide such professionai
<br /> be�equired by federal,state or Iocal statute,orcl'mance,cade,rule,or regulation rtow senrioes during the Bidd'mg(d the rwrk is put out for bids)artd the Construction Phases of
<br /> epsting or heremafter enacted or amended.For purposes of this Agreement,'pollution' the Project,WSN wiU not be responsibte for,and CLIENT shall indemnify and hold WSN,its
<br /> and'poputanY sha0 mean any soGd,Gquid,gaseous ar fhermal irtitant or contaminant, offic.�rs,consultant(s),suboonUactor(s),employees and agents hartnless hom,a0 daims,
<br /> im�ucGng smoke,vapor,soot,alkafis,chemipls and hazardous or tobc waste. damages,losses and e�enses including aQomeys'fees arising out of,or resulting from,any
<br /> Hazardous or tobc waste means any substance,v�aste po�utant or contaminant now or interpretabon,darificatlon,subsMubon acceptance,shop drawing or sampte approval or
<br /> hereatter ir�cluded within such terms under any federal,state or laxl statute, modfication of sudi daarmenta8on issued or carried out by CLIENT or others.Nothirre
<br /> ordinance,oode,rule or regulaGon now ebstmg or hereinafter enacteE or amended. conhdined in this paragraph sha0 be construed to release WSN,its olficers,consultant(s),
<br /> Waste iurther includes materials to be recycted,recor�d'�ioned or reclaimed. suboontractor(s),employees artd agents from Gab�ity tor failure to perfortn m accordar�ce wffh
<br /> professional starMards any duty or responsibpity which WSN has undertaken or assumed
<br /> If WSN encounters,or reasonabty suspecds thffi ft has erroountered,�tos or under this Agreement.
<br /> poQutlon in the Project,WSN shatl cease actnriiy on the Project arb promptly notify the
<br /> CUENT,who sha�proceed as set forth above.Unless otherwise speciflcaily provided
<br /> in the Letter Agreement,the serviax to be provided by WSN do not include ARTICLE 10.REVIEW OF SHOP DRAWINGS AND SUBNpTTALS
<br /> identiticaUon of asbestos or poDu6on,and WSN has rro dury to identtiy or attempt to WSN may review and approve or take other appropriate actlon on the contractors submidals
<br /> identify the same within the area of the Project. or shop drawings for the limited purpose of cheddng for generai canformance with informatlon
<br /> given and design corrc�pt expressed'm the Contract Documents. Review andlor approval of
<br /> With respect to the toregoir�g,CUENT admowtedges artd agrees that WSN is not a submithals is rrot conducted for the purpose of determinir�g accuracy and completeness of
<br /> user,handler,generator,operator,treater,storer,transporter or disposer of asbestos or other details or for substanbatlng instrucfior�s for installatlon or perfortnance of equipment or
<br /> po�ution which may be encountered by WSN on the ProjecL It is further understaod systems,all af which remain the exctusive responsib�ity of the contractor. WSN's review
<br /> and agreed that services WSN wHl undertake for CLIENT may be uninsurabte andlor approval shall not constittute approval of safety precautions,or any oonstruction
<br /> obUgatlons inw�ing the presence or potential preser�ce of asbestos or pollutlon. means,methods,techniques,sequem�s or prooedures.WSMs approval of a speailc item
<br /> Therefore,CLIENT agrees,except(1)such GabUAy as may arise out of WSN's sale sha0 not mdicate approval of an assembty ofwhich the item is a component.WSN's review
<br /> negligem�in the perfortnance of senrices urMer this Agreerrtent or(2)to the extent of andlor approval shall not reGeve contractor for any deviatlons from the requuements of the
<br /> insurance coverage ava�able for the daun,to hold harmless,indemnify and defend contract documents nor trom the responsm0ity for errors or omissions on items sut�as sizes,
<br /> WSN and WSN's oficers,suboontractor(s),employees and agents fiom and against d6nensions,quantitles,colors,or locations.Contractor shall remain solely responsible for
<br /> any arM all claims,lawsuits,damages,fiab�ty and oosts,including,but not Iimited to, compliance w'rfh any manufacturer requtrements arM recommendations.
<br /> costs of defense,arising out of or m arry way connec6ed with the presence,discharge,
<br /> release,or escape of asbestos or pallutlon.This indemnification is Intended to apply
<br /> only to existing conditlons and rrot to condih'ons caused or aeated by WSN.This ARTICLE N.REVIEW OF PAY APPLICATIONS
<br /> indemnfication shall survive the tertninatlon of this Agreement. If included in the scape of servic�s,any review or certlfication of any pay applications,or
<br /> certMptes of completion shall be lrased upon WSN's observation of the Work and on the
<br /> 9. Provide sudi aa:oun6r�g,ir�dependent cpst estlmaUng and'msurance counseling data comprising the contractors application for payment,and shall indicate that to the best of
<br /> servioes as may be required for the Project,such legal servioes as CLIENT may require WSN's Imowledge,infortnatlon and belief,the quanUly and quality of the Work is in general
<br /> or WSN may reasonably request wifh regard to legal issues pertaining to the Project contortnance wiUi the Contract Documents.The issuam;e of a oerbficate for payment or
<br /> including any that may be raised by Contractor(s),such auditing service as CLIENT substanfial completion is not a representatlon that WSN has made exhaustive or con6nuous
<br /> may require to asoertain frow ar for what purpose any ConUactor has used the morreys ir�spectior�s,reviex�ed construcUon means and methods,vedtled any badc-up daha provided
<br /> paid under the aoristruudion contract,and such i�pection services as CUENT may by the contractor,or asoertained how or for what purpose the contractor has used maney
<br /> require to asoertain that Contrac6or(s)are oomplymg with any law,rule,regulation, previously paid by CLIENT.
<br /> ordinance,oode or order applicable to their fumishing and performing the work
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