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ARTICLE 7. CLIENT'S RESPONSIBILRIES 10 Provide'record"drawings and speafications for all exisUng physical features,
<br /> A To permd WSN to perform the services requued hereunder,the CLIENT shall supply,in structures,equipment,utiliUes,or facilities which are pertinent to the Project,to the
<br /> proper Gme and sequence,the follo�nng at no expense to WSN extent available
<br /> 1 Prov�de all program,budget,or other necessary infortnatan regarcling its reqwrements 11 Prowde other serwces,materials,or data as may be set forlh in the Letter
<br /> as necessary for orderly progress of the work Agreement or any Exhibits ariached hereto
<br /> 2 Designate in wnting,a person to act as CLIENT's representative vuith respect to the B. WSN may use any CLIENT prowded information in performing its serwces WSN shall be
<br /> services to be rendered under ihis Agreement Such person shall have authonty to entitled to rely on the accuracy and completeness of infortnation fumished by the
<br /> Vansmit instructions,receive instruclions,receive informafion,interpret and define CLIENT.If WSN finds that any information fumished by the CLIENT is in error or is
<br /> CLIENT's policies�nnth respect to WSN's services. inadequate for ils purpose,WSN shall endeavor to notiy the CLIENT. However,WSN
<br /> shall not be held responsible for any errors or omissions that may arise as a result of
<br /> 3 Fumish,as reqwred for performance of WSN's sernces(except to the extent prowded erroneous or incomplele information provided by CLIENT
<br /> othenvise in the Letter Agreement or any Exhibits attached hereto),data prepared by or
<br /> services of others,including w�thout limitation,core bonngs,probes and subsurface
<br /> explorations,hydrographic and geohydrologic surveys,laboratory tests and inspections ARTICLE 8.OPINIONS OF COST
<br /> of samples,materials and eqwpment,appropnate professbnal interpretaUons of all of Opinions of probable pro�ect cost,construction cost,financial evaluaUons,feasibility studies,
<br /> the foregoing,environmental assessment and impacl statements,propeRy,boundary economic analyses of altemate solutions and utilitarian cons�deratans of operations and
<br /> easement,nght-0f-way,topographic and utility surveys,property descriptions;zoning, maintenance costs provided for in the Letter Agreement or any Exhibits attached hereto are
<br /> deed and other land use resVictwn,and other special data not covered in the Letler to be made on the basis of WSN's experience and qualificahons and represent WSN's
<br /> Agreement or any F�chibits attached hereto �udgment as an experienced design professional.It is recognized,however,that WSN dces
<br /> not have control over the cost of labor,material,equipment or services fumished by others or
<br /> 4 Provide access to,and make all provisions for WSN to enter upon publicly or privately over market conditions or contraclors'methods of determining theu pnces,and that any
<br /> owned property as required to perform the work evaluaGon of any faaliry to be constructed,or acquired,or work to be performed on the basis
<br /> of WSN's cost opinions must,of necessity,be speculative until completion of construction or
<br /> 5 Act as liaison with other agenc�es or involved parties to carry out necessary acquisition Aanrdingly,WSN dces not guarantee that proposals,bds or actual costs w�ll not
<br /> coordinahon and negotiations,fumish approvals and pertnits from all govemmental substantially vary from opmions,evaluations or stud�es submitted by WSN to CLIENT
<br /> authorities hawng jurisdiction over the Pro�ect and such approvals and consents from hereunder
<br /> others as may be necessary for completion of the Project
<br /> 6 Examine all reports,sketches,draHnngs,specifications and other documents prepared ARTICLE 9. CONSTRUCTION PHASE SERVICES
<br /> and presented by WSN,obtain adwce of an attomey,insurance counselor or others as CLIENT acknowledges that it is customary for the architect or engineer who is responsible for
<br /> CLIENT deems necessary for such examina6on and render in writing,deasions the preparation and fumishing of Drawings and SpecificaUons and other construction-related
<br /> pertaining thereto within a reasonable time so as not to delay the services of WSN documents to be employed to provide professional services during the Bidding and
<br /> Construction Phases of the Pro�ect,(1)to interpret and clarify the documentation so
<br /> 7 Give prompt wntten notice to WSN whenever CLIENT observes or otherwise becomes furnished and to modify the same as circumstances revealed during bidding and construction
<br /> aware of any development that affects the scope of timing of WSN's services or any may dicfate,(2)in connection with acceptance of substitute or equal items of materials and
<br /> defect in the work of Construction Contractor(s),Consultants or WSN equipment proposed by bidders and Contractor(s),(3)in connection vmth approval of shop
<br /> drawings and sample submittals,and(4)as a result of and in response to WSN's detecting in
<br /> 8 Inibate acUon,where appropnate,to identify and irnestigate the nature and extent of advance of performance of affected work mconsistencies or irregulan6es in such
<br /> asbestos andlor pollution in the Pro�ect and to abate and/or remove the same as may documentation CLIENT agrees that if WSN is not employed to prowde such professional
<br /> be reqwred by federal,state or local statute,ordinance,code,rule,or regulation now services dunng the Bidding(if the hork is put out for bids)and the Construction Phases of
<br /> existing or hereinafter enacted or amended.For purposes of this Agreemenl,"pollution" the Projed,WSN w�ll not be responsible for,and CLIENT shall indemnify and hold WSN,its
<br /> and"pollutant"shall mean any solid,liquid,gaseous or thertnal imtanl or contaminant, o�cers,consultant(s),subcontractor(s),employees and agents hartnless from,all claims,
<br /> including smoke,vapor,soot,alkalis,chemicals and hazardous or toxic waste damages,losses and expenses including attomeys'fees ansing out of,or resulting from,any
<br /> Hazardous or toxic waste means any substance,waste pollutant or contaminant now or interpretation,clanficahon,substitution acceptance,shop draHnng or sample approval or
<br /> hereafter included within such tertns under any federal,state or local statute, modification of such documentation issued or ramed out by CLIENT or others Nothing
<br /> ordinance,code,rule or regulation now existing or hereinafter enacted or amended contained in this paragraph shall be construed to release WSN,its officers,consultant(s),
<br /> Waste further includes matenals to be recycled,reconditioned or reclaimed subcontractor(s),employees and agents from liability for failure to perform in accordance with
<br /> professional standards any duty or responsibility which WSN has undertaken or assumed
<br /> If WSN encounters,or reasonably suspeds that it has encountered,asbestos or under this Agreement
<br /> pollution in the Projecl,WSN shall cease ac6wty on the Pro�ect and promptly notify the
<br /> CLIENT,who shall proceed as set forth above.Unless othertiise specifically provided
<br /> in the Letter Agreement,the services to be prowded by WSN do not include ARTICLE 10.REVIEW OF SHOP DRAWINGS AND SUBMITTALS
<br /> idenbfication of asbestos or pollulion,and WSN has no duty to identify or attempt to WSN may rewew and approve or take other appropriate action on the contractors submittals
<br /> identify the same w�thin the area of the Project. or shop drawings for the limited purpose of checlang for general confortnance with information
<br /> given and design concept expressed in the Contract Documents Rewew and/or approval of
<br /> With respect to the foregoing,CLIENT acknowledges and agrees that WSN is not a submittals is not conducted for the purpose of determining accuracy and completeness of
<br /> user,handler,generator,operator,treater,storer,transporter or disposer of asbestos or other details or for substantiating instructions for installation or performance of equipment or
<br /> pollution which may be encountered by WSN on the Pro�ect It is further understood systems,all of which remain the exclusive responsibility of the contractor WSN's review
<br /> and agreed that services WSN will undertake for CLIENT may be uninsurable and/or approval shall not constitute approval of safety precautions,or any construcGon
<br /> obligations involwng the presence or potential presence of asbestos or pollution means,methods,techniques,sequences or procedures WSN's approval of a specific item
<br /> Therefore,CLIENT agrees,except(1)such liability as may anse out of WSN's sole shall not indicate approval of an assembly of which the item is a component WSN's review
<br /> negligence in the performance of services under this Agreement or(2)to the extenl of and/or approval shall not relieve contractor for any deviations from the requirements of the
<br /> insurance coverage available for the daim,to hold harmless,indemnify and defend contract documenls nor from the responsibility for errors or omissions on items such as sizes,
<br /> WSN and WSN's officers,subcontractor(s),employees and agents from and against dimensions,quantities,colors,or locations.Contractor shall remain solely responsible for
<br /> any and all claims,lawswts,damages,liability and costs,including,but not limited to, compliance w�th any manufacturer requirements and recommendations
<br /> costs of defense,arising out of or in any way connected vnth the presence,discharge,
<br /> release,or escape of asbestos or pollutan This indemnificaUon is intended to apply
<br /> only to existing conditions and not to conditions caused or created by WSN This ARTICLE 11.REVIEW OF PAY APPLICATIONS
<br /> indemnification shall survive the termination of this Agreement If included in the scope of services,any review or certification of any pay applications,or
<br /> certificates of completion shall be based upon WSN's observation of the Work and on the
<br /> 9 Prowde such accounting,independent cost estimating and insurance counseling data comprising the coniractors application for payment,and shall indicate that to the best of
<br /> services as may be required for the Pro�ect,such legal services as CLIENT may require WSN's knowledge,informaUon and belief,the quantity and quality of the Work is in general
<br /> or WSN may reasonably request�nnth regard to legal issues pertaining to the Pro�ect confortnance with the Contract Documents.The issuance of a certificate for payment or
<br /> including any that may be raised by Contractor(s),such audiUng service as CLIENT substanUal complehon is not a representation that WSN has made exhaustwe or continuous
<br /> may require to ascerlain how or for what purpose any Contractor has used the moneys inspeclions,reviewed construction means and methods,venfied any badc-up data prowded
<br /> pa�d under the constructron contract,and such inspection services as CLIENT may by the contractor,or ascertained how or for what purpose the contractor has used money
<br /> reqwre to ascertain that Contractor(s)are complying w�th any law,rule,regulahon, prevrously paid by CLIENT
<br /> ordinance,code or order appl�cable to their fumishing and performmg the work
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