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ARTICLE 7.CLIENT'S RESPONSIBWTIES 10. Provide'record'drawings and spedficatlons for ap e�ds6ng physical features,
<br /> A.To permit WSN to perform the services required hereunder,fhe CLIENT shaq supply,in structures,equipment,utiGties,or facir�ies which are pefirrent to the Project,to the
<br /> proper time and sequence,the following at no expense to WSN: extent available.
<br /> 1. Provide all program,budget,or other neoessary infortnation�egarding its requirements 11. Provide other senrioes,materials,or data as may be set forth m the Letter
<br /> as necessary for ordedy progress af the�nvrk. AgreemeM or any Exh�iis attad�ed hereto.
<br /> 2. Designate in writing,a person to act as CLIENTs representative with respect ro the B.WSN may use any CLIENT provided infarmation in perfortnmg its servioes. WSN shap be
<br /> serviczs to be rendered under this Agreement Such person shall have authorily ro entltled to rely on fhe accuracy and completeness of informatlon fumished by the
<br /> transmit instructions,reoeive instructions,recefve information,interpret and define CLIENT.if WSN fimis that any mformatlon fumished by the CLIENT is in errar or is
<br /> CLIENTs po6des with respect ta WSN's servicas. inadequate for its purpose,WSN shall endeavor to notify the CLIENI'. Hawever,WSN
<br /> sha�not be held respons�ble for any errors or omissior�s that may arise as a result of
<br /> 3. Fumish,as required for performance of WSMs servicres(except to the extent prowded errorreous or incomplete informatlon provided by CLIENT.
<br /> othenvise in the Letter Agreement or any Exhibits attached hereto),data prepared by or
<br /> servic�s of others,including wffimut Gmitation,core bormgs,probes and subsurFace
<br /> exploraUons,hydrographic and geohydrologic sunreys,laboratory tests and'mspections ARTICLE 8.OPUIIONS OF COST
<br /> of samptes,materials and equipment;appropriate professional interpreta6ons of a�of Opinions of probable project c�st,construction cost,financial evaluations,feasibility studies,
<br /> ihe foregoing;environmenhal assessment and impact statements;property,boundary economic analyses of altemate solu6ons and utilitarian considerations of operatlons and
<br /> easement,right-of-way,topographic and u61ity surveys;property descripUons;zoning, maintenance costs provided tor in the Letter Agreement or any Exhibits attac�ed hereto are
<br /> deed and other larid use restriction;arid other special data rmt covered in the Letter to be made on the basis of WSN's experience and quaGfications and represent WSN's
<br /> Agreement or any Exhibits attached hereto. judgment as an e�erienced design professional.It is recognized,hoinever,that WSN daes
<br /> not have control over the c�st of labor,material,equipment or services fumished by others or
<br /> 4. Provide ac�ess to,and make aU provisions for WSN to enter upon publicly or privatety over market condibons or contradors'methods af determining their pric�s,and that any
<br /> owned property as required to perfortn the work. evaluation of any facility to be constructed,or acquired,or work to be performed on the basis
<br /> of WSN's cost opinions must,of n�ssity,be speculative until completion of corisWction or
<br /> 5. Act as Gaison with other agencies or involved parties to carry out necxssary acquisfion.Hccordingly,WSN does not guarantee that proposals,bids or actual costs wi0 not
<br /> coordinaUon and negotiabons;fumish approvals and pertnits from an govemmental substan6aity vary from opinions,evaluaUons or studies submitted by WSN to CUENT
<br /> authorities having jurisdiction over the Projed and such approvals and consents from hereur�der.
<br /> others as may be necessary for comptetion of the Project.
<br /> 6. Examine all reports,sketches,drawings,specifica6ons and other documents prepared ARTICLE 8.CONSTRUCTION PHASE SERVICES
<br /> and presented by WSN,obtain advice of an attomey,insurance counselor or others as CUENT acknowledges that it is customary for the architect or er�gineer who is responsible for
<br /> CUENT deems necessary for such examination and render in writmg,decisions the preparation and fumishing of Drawir�gs and SpecificaUons and other construdion-related
<br /> pertaining thereto within a reasonable time so as rrot to delay the services of WSN. documents to be employed to provide professional servioes during the Bidding and
<br /> Construction Phases of the Project,(1)to interpret and darify the documentation so
<br /> 7. Give prompt written not'�ce to WSN whenever CLIENT observes or otherwise bec:omes fumished and to modify fhe same as arcumstanc�s revealed during biddng and construction
<br /> aware of any development that affects the soope of timing of WSN's serrices ar any may dictate,(2)in connection with acceptance of substltute or equal items of materials and
<br /> defect in the work of Construction ConVactor(s),Consultants or WSN. equipment proposed by bidders and Contractor(s),(3)in connectlon wffh approval of shop
<br /> drawings and sample submiltals,and(4)as a result of and in response to WSN's detecting in
<br /> 8. Initiate adion,where appropriate,to identify and'mvestigate the nature and extent of advance of perfortnanc:e of affected work mconsistern�es or irregulariUes in such
<br /> asbestas and/or pollution in the Project and to abate and/or remove the same as may documentation.CUENT agrees that'rf WSN is not employed to provide such professional
<br /> be required by federal,state or local statute,ord'mance,code,rule,or regulation now senrioes during the Bidding(if the work is put out for bids)and the Cor�sUuction Phases of
<br /> e�sting or herefnafter enacted or amanded.For purposes of this Agreement,'po�uGon' the Projed,WSN wiu not be respor�sible for,and CLIENT sha�indemnify and frold WSN,�S
<br /> and'ponutanP shall mean any soGd,liquid,gaseous or thermal irritant ar cantaminant, officers,consultant(s),subcontractor(s),emptoyces and agents harmtess from,all claims,
<br /> includir�g smoke,vapor,soot,alkaGs,chemir�ais and hazardous ortopc vuaste. damages,losses and e�enses includ'mg atromeys'fees arising out of,or resulting from,any
<br /> Hazardous or toxic waste means any substance,waste po0utant or contaminant now or interpretatlon,darification,substitution acceptance,shop drawing or sample approval or
<br /> hereafter included within such terms urber any federal,state or local statute, modfication of such dowmentation issued or carried aut by CLIENT or others.Nothing
<br /> ordinance,code,rule or regulation now existing or hereinafter enacted or amended. conhained in this paragraph shall be construed to release WSN,its oificers,consultant(s),
<br /> Waste further includes materials to be recycled,tecondifi'oned or reclaimed. suboontractor(s),employees and agenis from Gab�ity tor failure to perform in acoordance with
<br /> professional standards any duly or iesponsib�ity which WSN has undertaken or assumed
<br /> If WSN encounters,or reasonably suspecls that it has encountered,asbestos or under this Agreement.
<br /> pollution in the Project,WSN sha0 cease activity on the Project and prompUy noG(y the
<br /> CUENT,who shall proc�ed as set forth above.Unless othenvise speafically provided
<br /> in the Lefler Agreement,the services to be provided by WSN do not include ARTICLE 10.REVIEW OF SHOP DRAWINGS AND SUBMIITALS
<br /> identification of asbestos or polluGon,ami WSN has no duty to identify or attempt to WSN may review and approve or take other appropriate action on the contractor's submittals
<br /> identify the same within the area of the Project. or shop drawings for the limited purpose of cheddng for general conformance with information
<br /> given and design concept expressed'm the Contract Documents. Review andlor approval of
<br /> With respect to fhe foregoing,CLIENT actmowtedges and agrees that WSN is not a submittals is not conducted for the purpose of detertnining aocuracy and completeness of
<br /> user,harniler,generator,operaror,treater,storer,transporter or disposer of asbestos or other details or for substantiating instructions for instaliation or perfortnance of equiprtrent or
<br /> po�ution which may be embuntered by WSN on the Project It is further understaod systems,all of which remain the exclusive responsib�ity of the contractor. WSN's review
<br /> and agreed that services WSN w�l undertake for CLIENT may be uninsurable andlor approval shatl not constitute approval of safety precauGons,or any construcUon
<br /> obGgaUons inwlving the presence or potential presem;e of asbestos or pollufion. means,methods,techniques,sequences or prooedures.WSN's approval of a speafic item
<br /> Therefore,CLIENT agrees,except(1)such Gafn7ity as may arise out of WSN's sole shall not indicate approval of an assembly of which the item is a component.WSMs review
<br /> negligenc;e in the performance of servioes under this Agreement or(2)to the extent of andlor approval shall not reGeve contractor for any deviations from the requireemenfs of the
<br /> insurance coverage avalable for the daim,to hold harmless,indemnify arM defemi contract documents nor from the responsb0iry for errors or omissions on items such as s¢es,
<br /> WSN and WSN's officers,subcontractor(s),employees and agents from and against dimensions,quantities,colors,or locatlons.ConUactor shall remain solely respons�ble for
<br /> any and an claims,lawsuits,damages,liability and costs,mcludir�g,but not limited to, complianc�with any manufacturer requiremenis and recommendations.
<br /> costs of defense,arising out of or in arry way connected wffh the presenc;e,discharge,
<br /> release,or escape of asbestos or pollutlon.This indemnification is intended to apply
<br /> only to e�dsGng condi�or�s and rrot to conditlons caused or created by WSN.This ARTICLE 17.REVIEW OF PAY APPLICATIONS
<br /> indemn(fication shall survive the tertnination of this Agreement. If included in the soope of senrices,any review or certification of any pay appUcations,or
<br /> certificates of compleUon shall be based upon WSN's observation of the INork and on the
<br /> 9. Provide such aa;ounting,independent c�st estimating and'msurance counseling data comprising the contractor's appliption for payment,a�shall indipte that to the best of
<br /> services as may be required for the Project,such legal service.c as CLIENT may require WSN's knowledge,informallon and belief,the quantity artd quality of the Work is in general
<br /> or WSN may reasonably request with regard to legal issues pertainmg to the Project conformance with the Contract Documents.The issuarn�of a certlficate for payment or
<br /> inclu�ing any that may be raised by Contractor(s),such auditlng service as CLIENT substantial comptetion is not a representation that WSN has made exhaustive or continuous
<br /> may require to asoertain how or for what purpose any Contractor has used the moneys inspectlons,reviewed construc�on means and methads,verified any badc-up dahd provided
<br /> paid under the construction contrad,and such inspection servioes as CLIENT may by the conVactor,or asoertained trow or for what purpose the contractor has used money
<br /> require to ascertain that Contractor(s)are complying with any law,rule,regulation, previously paid by CLIENT,
<br /> ordinance,oode or order applicable to their fumishing and performing the xork
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