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ARTICLE 7.CLlEMT'S RESPONSB0.RIES 10. Provide'record'drawings and spedflca6ons for a0 e�dstfig physical features,
<br /> A.To permit WSN to perform the serviaes required hereunder,the CLIENT sha0 suppty,in structures,equipment utiGties,or fadQtles xfiich are pertinent to the Project,to the
<br /> proper tlme and sequence,the fonowfig at no expense to WSN: extent available.
<br /> 1. Provide all program,budget,or ather neoessary infomiation regarding its requirements 11. Provide other services,materials,or data as may be set forth m the Letter
<br /> as necessary for ordedY P�Bress of the work. AgreemeM or any Exh�bits attached hereto.
<br /> 2. Designate m writing,a person to act as CLIENTs representative with respect to the B.WSN may use any CLIENT provided'mfortnation in perfortning Its services. WSN shall be
<br /> services to be rendered under this AgrcemeM.Such person shall have authorily to en6tled to rely on the aocuracy and compteteness of infomiation fumished by the
<br /> hransmft insWcUons,reoeive iraWc6ons,reoeNe informatlon,interpret and defirre CLIENT.If WSN fimis that any InformaUon fumished by the CLIENT is in ertor or is
<br /> CLIENTs poGdes wtth respect to WSMs servic�s. inadequate for its purpose,WSN shall erMeavor to rtotify the CLIENT. However,WSN
<br /> shan not be held respons�Ie for any errors or omissions that may adse as a result of
<br /> 3. Fumish,as�equQed for perfomiance of WSMs services(except to the extent provided error�eous or incomplete infortnation provided by CLIENT.
<br /> otherwise m the Letter AgreemeM or any Fxh(bits attached hereto),data prepared by or
<br /> servic�s of others,fiduding without Gmitatlon,core borings,probes and subsurFace
<br /> exploraUor�s,hydragraphic and geohydrologic surveys,laboratory tests and'mspections ARTICLE E.OPO�IONS OF COST
<br /> of samples,materials and equipmen�appropriate professional interpretations of ap of Opinions of probable projed oost,construc�on oost,finandal evaluations,feasibility studies,
<br /> the toregoir�g;environmenhal assessment a�impact statements;propeAy,bour�dary economic analyses of altemate solulior�s and uG6tarian conskieratio�of operations and
<br /> easement,right-0f-way,topographic a�utDily surveys;properly desaiptions;mning, maintenance costs provided for in the Letter Agreement or any Exhibits attached hereto are
<br /> deed a�other land use restricbon;ami other spedal daha rrot oovered'm the Letter ro be made on the basis of WSN's experience and quaGfications and represent WSN's
<br /> Agreement or any ExhibNs attached hereto. judgment as an experienc�d design prafessional.It is recognized,however,that WSN does
<br /> not have control over the cost of labor,matedal,equipmeM or serviaes fumished by others or
<br /> 4. Provide access to,and make ali provisions for WSN to enter upon pubticly or privately over market cvrttifions or cantractors'methods of determining their prioes,arM that any
<br /> owned propeAy as requ'ued to perfortn fhe work. evaluaUon of any tac�ily ro be construcled,or acquUed,or work to be performed on the basis
<br /> af WSN's cost opinions must,of neoessily,be speculative until campletion of construction or
<br /> 5. Act as fiaison with other a�ncies or inwlved parties to carty out neoessary acquisitlon.Aa:ordfigly,WSN does not guaranlee that proposals,bids or actual costs wi�not
<br /> coordinaUon and negotiations;fumish approvals arM permits from atl govemmental substantlaily vary from opmions,evalua�ons or studies submitted by WSN to CLIEM
<br /> autho�ties having jurisdiction over the ProJect and such approvals and consents from hereu�er.
<br /> others as may be neoessary for comptetion of the Project.
<br /> 6. Examine ap repoAs,sketches,diawings,speafications and other documents prepared ARTICLE 9.CONSTRUCTION PHASE SE(iVICES
<br /> and preseMed by WSN,obtain advice of an attomey,insurance counselor or others as CLIENT ac�cnowledges that ft is customary for the a�hitect or engmeer who is responsible for
<br /> CLIENT deems nec�ssary tor such examinatlon and render in writing,decisions the preparafion and fumishmg of Drawings and SpedficaUons and other construdion-related
<br /> pertaining thereto within a reasonable tlme so as rrot to delay the serviaes of WSN. documents to be employed to provide professional servioes during the Bidding arM
<br /> ConstrucUon Phases of the Project,(1)to interpret and clarify the documentation so
<br /> 7. Give pmmpt written notice to WSN whenever CUENT observes or othervrise becomes fumished and to modify the same as dreumstances revealed during bid�ing and construction
<br /> aware of any devetopment that aifecls the scope of timing of WSMs services or any may cGctate,(2)in conr�on with acceptance of substitute or equal items of materials and
<br /> defect m the work of ConstrucUon Contractor(s),Consultanls or WSN. equipment proposed by bidders and Contrador(s),(3)in connec6on with approval of strop
<br /> draxdngs and sample submittals,and(4)as a result of and in response to WSN's detecting in
<br /> 8. Inftiate action,where appropriate,to identify and'mvestigate the nature and exlent of advance of perfortnance of a�ected work inwnsistendes or irregularities in sud�
<br /> asbestos andlor polluGon in the Project and to abate and/or remove the same as may documentation.CLIENT agrees that if WSN is not employed to pmvide such professional
<br /> be requireed by federal,state or lacal stawte,ord'mance,code,rule,or regulaGon now services during the Bidding(d the vwrk is put out for bids)and the Construction Phases of
<br /> epsting or hereinafter enactad or amended.For purposes of this Agreement,'po�ution' the Project,WSN wi�not be responsible for,and CLIENT shall indemnify and hold WSN,its
<br /> and'poQutanP sha0 mean any soGd,Gquid,gaseous ar thermal irritant or aontammant, officers,consultant(s),subcantractor(s),employees and agents hartnless irom,a0 ciaims,
<br /> including smoke,vapor,soot,alkafis,chemipls and ha�ardous or toxic waste. damages,losses and e�enses includ'mg attomeys'fees arising out of,or resultir�g from,any
<br /> Hazardaus or toxic waste means any substance,waste po�utant or contaminant now or interpretaUon,darillcation,substlUition acceptance,shop drawing or sampte approval or
<br /> herealter included within such terms urber any federal,state or laxl statute, modficat�n of such documenta8on issued or carried out by CLIENT or others.Nofhing
<br /> ordinance,oode,ruie or regulation now exisbng or hereinaRer enacted or amended. contained in this paragraph shall be construed to retease WSN,its ofic�rs,consuttant(s),
<br /> Was�e further includes materiats to be recycled,reoondboned or reclauned. suboontractor(s),emptoyees and agents fram Gab�ity for failure to perfortn in acoordance with
<br /> professional standards any duty ar responsib�ily which WSN has undertaken or assumed
<br /> If WSN enooun0ers,or reasonably suspeds that it has encountered,asbestos or under this Agreement
<br /> po�ubon in the P�oject,WSN sha0 cease ac6vity on the Project and promptly noUfy the
<br /> CLIENT,who sha�proceed as set forth above.Unless othenkise speafically provided
<br /> in the Letter Agreement,the servic2s to be provided by WSN do not indude ARTICLE 10.REVIEW OF SHOP DRAWINGS AND SUBMITTALS
<br /> identilication of asbes�s or pollu6on,and WSN has no duty to identify or attempt to WSN may review artd approve or take other appropdate actlon on the contractor's submittals
<br /> identify the same wffhin fhe area of the Project. or shop drawings for the limfted�rpose of cheddng for gerreral conformance with infortnation
<br /> ghren arM design carrc�pt expressed in the Contract Documents. Review andlor approval of
<br /> Witli respect to the foregoir�g,CLIENT acknowiedges and agrees that WSN is not a submfttals is not oorbucted for the purpase of determinir�g aocuracy and comptete�ress af
<br /> user,harMler,generatar,operator,treater,storer,transporter or disposer of asbestos or other details or for substantiatmg instructior�s for installatlon or performance of equipment or
<br /> poUution which may be emm;ounte2d by WSN on the ProjecL It is further understood systems,all af which remain the exclusive responsib�'ity of the contractor. WSMs review
<br /> and agreed that services WSN wi11 undertake for CLIENT may be uninsurable andlor approval shatl not consUtute approval of safety precautions,or any cortstruction
<br /> obligaUons involving the presence or potential presenc;e af asbestos or po�ution. means,mefhods,techniques,sequem�s or procedures.WSMs approval of a specific item
<br /> Therefore,CLIENT agrees,e�mzpt(1)such 6ab�'ity as may arise out of INSN's sole shall not indicate approvai of an assembly of which the item is a oompoirent. WSMs review
<br /> negligem»e in the perfortnance of servioes urMer ihis Agreement or(2)to the extent of andfor approval sha0 not reGeve conhactor for any deviations irom the requQements of the
<br /> insurance coverage ava�able for the daim,to hold harmless,indemnify and detend contrad dacuments nor from the respor�s�b�ity tor errors or omissions on items such as s¢es,
<br /> WSN and WSN's oHfcers,subcontractor(s),employees and agents fiom and against dimerxions,quantltles,colors,ar locations.Contractor shall remain sotely responsible for
<br /> any and a�claims,lawsuits,damages,IiabiGty and oosts,mclud'mg,but not limited to, compliance wfth any manufadurer requiremenLs and recommendafrons.
<br /> c�sts of defense,arissmg out of or in arry xay connec0ed witti the presence,disc�arge,
<br /> release,or escape of asbestos or polluUon.This indemnification is interMed to apply
<br /> only to exisnng oondfions and not to conditlons qused or created by WSN.This ARTICLE 11.REVIEW OF PAY APPUCATIONS
<br /> irtdemnificxtion shall sunrive fhe tertnmation of this Agreement. if induded'm the soope of seMces,any review or certifification of any pay app6c�ons,or
<br /> certificates of o�mpletion shall be based upon WSN's observation of the Work and on the
<br /> 9. Provide such aocpunting,ir�dependent cnst estimating and'msurance cour�seling dafa comprisir�g the contractors applicx�on for payment,and shall indicate that to the best of
<br /> servioes as may be required tor the Project,such legal services as CLIENT may require WSN's Imowledge,intormatlon and beiief,the quanMy and quality of the Wotk is in general
<br /> or WSN may reasonably request with regard to legal issues pertaining to the Project confortnance with the Contract DocurtreMs.The issuanoe of a certficate for payment or
<br /> includng any that may be raised by ConUaator(s),such audfing service as CLIENT substantial completion is not a representation that WSN has made e#�austive or contlnuous
<br /> may require to ascertain how or for what purpose any Contractor has used the moneys ir�specUons,reviewed cons6ucUon means and methods,verified any back-up data provided
<br /> paid under the construcfion contract,and such ir�pection senrioes as CLIENT may by the contractor,or asoerlained frow or for what purpose the contractor has used money
<br /> requ'ae to ascertafi that Contractor(s)are complying with any law,rule,regulation, previously paid by CLIENT.
<br /> ordinance,code or order applicabte to their fumishmg and performmg the vwrk
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