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ARTICLE 7.CLIENTS RESPONSIBILITIES 10. Provide'record'drawings and specifications for all existing physical plants or facif flies
<br /> Z To permit WSN to perform the services required herehmdeL the CLIENT shall supply,h proper which are pertinent to to Project.
<br /> time and sequence,the following at no expense to WSN:
<br /> 11. Provide other services,materials,or data as may be set forth in the Letter Agreement or
<br /> 1. Provide all necessary information regarding its requirements as necessary for orderly any Exhibits attached hereto.
<br /> progress Of the work
<br /> B.WSN may use any CLIENT provided information in performing its services.WSN shall be
<br /> 2 Designate In writing,a person to ad as GUENT's representative with respect to the entitled to rely on the accuracy and completeness of information furnished by the CLIENT.if
<br /> services to be rendered under this AgMMML Such person shall have authority to transmit WSN finds that any information fumished by Ore CLIENT is In error or is inadequate fords
<br /> instrutions,receive insbudions,receive inomaation,lit "and define CLIENT s policies purpose,WSN snail endeavor to notify the CLIENT. Fbwever,WSN shall not be held
<br /> with respect to WSN's services, responsible for any errors or omissions that may arise as a result of erroneous or incomplete
<br /> information provided by CLIENT.
<br /> 3. Fumish,as required for performance of WSNs services(except to the extent provided
<br /> otherwise in the Letter Agreement or any Exhibits attached hereto),data prepared by or
<br /> services of others,including wdhat I'm'itation,core borings,probes and subsurface ARTICLE L OPINIONS OF COST
<br /> explorations,hydrographic and geohydrologlo surveys,laboratory tests and inspections of Opinions of probable project cost,construction cost,financial evaluations,feasibility studies,
<br /> samples,materials and equipment appropriate professional i tarpretations of all of tfre economic analyses of altemate soiutions and uh'Starian considerations of operations and
<br /> foregoing;erwironmental assessment and Impact statements property,boundary maintenance oasis provided for in the Letter Agreement or arty Exhibits atadhed hereto are to be
<br /> easement,dght4 way,topographic and utility surveys property ddesxriptions;zoning,dead made on the basis of WSN's experience and qualifications and represent WSN's judgment as an
<br /> and other land use restriction;and other special data not covered in the Letter Agreement experienced design professional.It is recognized,however,that WSN does riot have control over
<br /> or any Exhltts attached hereto. the cost of labor,material,equipment or services furnished by others or over market conditions or
<br /> contractors'methods of determining their prices,and that any evaluation of any Wily to be
<br /> 4. Provide access to,and make all provi" for WSN to enter upon publicly or privately constructed,or acquired,or work to be perlomhed on the basis of WSN's cast opinions must,of
<br /> owned property as required to perform the work necessity,be speculaM until co npleton of construction or acquisition.Accordingly,ingly,WSN does
<br /> not guarantee that proposals,bids or actual costs will not substantially vary from opinions,
<br /> 5. Act as liaison with other agencies or involved parties to carry out necessary coordibaton evaluations or studies submitted by WSN to CLIENT hereunder.
<br /> and negotiations furnish approvals and permits from all governmental authorities having
<br /> Jurisdiction over the Project and such approvals and consents from otters as maybe
<br /> necessary for completion of the Project ARTICLE 8.CONSTRUCTION PHASE SERVICES
<br /> CLIENT acknowledges that It is customary for the architect or engineer who is responsible for the
<br /> B. Examine all reports,sketches,drawings,specifications and other documents prepared and preparation and furnishing of Drawings and Specifications and other construction-rated
<br /> presented by WSN,obtain advice of an attorney,Insurance counselor or others as CLIENT documents to be employed to provide professional suervices during the Bidding and Construction
<br /> deems necessary for such examination and renter in writing,declsions pertaining thereto Phases of the Project,(1)to interpret and clarify the documentation so fumished and to modify
<br /> within a reasonable time so as not to delay the services of WSN. the same as circumstances revealed during bidding and construction may dictate,(2)in
<br /> connection with acceptance of substitute or equal Items of materials and equipment proposed by
<br /> 7. Give prompt written notice to WSN wheriewer CLIENT observes or otherwise boom bidders and Contraclor(s),(3)in connection with approval of shop drawings and sample
<br /> aware of any development that atects the scope of timing of WSN's services or any defect submittals,and(4)as a result of and in response to WSN's detecting in advance of performance
<br /> In the work of Construction Contractor(s),Consultants or WSN, of affected work inconsistencies or irregularities in such documentation.CLIENT agrees that If
<br /> WSN is not employed to provide such professional services during the Bidding(if the work is put
<br /> B. irkate aeon,where appropriate,to identify and investigate the nature and extent of out for bids)end the Construction Phases of the Project,WSN will not be responsible for,and
<br /> asbestos and/or pollution in the Project and to abate andla remove the same as may be CLIENT shag indemnify and hold WSN,its officers,corhsu tant(s),subcontractor(s),empk gees
<br /> required by federal,state or local statute,ordinance,code,rule,or regulation now existing and agents harmless from,all claims,damages,losses and expenses including atomeys'fees
<br /> or hereinafter enacted or anended.For purposes of this Agreement`~and arising out of,or resulting from,any interpretation,clarification,substitution acceptance,shop
<br /> 'polutenr shag mean any sold,liquid,gaseous or thermal intent or contaminant,Including drawing or sample approval or modification of such documentation Issued or carried out by
<br /> smoke,vapor,soot,adcals,chemicals and hazardous or toxic waste.Hazardous or toxic CLIENT or others.Nothing contained in this paragraph shall be construed to release WSN,its
<br /> waste means any substance,waste pollutant or contaminant now or hereafter included officers,consultant(s),subcontractor(s),employees and agents from liability for failure to perform
<br /> within such terms under any federal,state or local statute,ordinance,code,rule or in accordance with professional standards any duty or responsibility which WSN has undertaken
<br /> regulation now existing or hereinafter enacted or amended.Waste further includes or assuned under this Agreement
<br /> materials to be recycled,reconditioned or reclaimed.
<br /> If WSN encounters,or reasonably suspects that it has encountered,asbestos or pollution in ARTICLE 10.REVIEW OF SHOP DRAWINGS AND SUBMITTALS
<br /> the Project,WSN shall cease activity an the Project and promptly ratify the CLIENT,who WSN may review and approve or take other appropriate action on the contractors submittals or
<br /> shag proceed as set forth above.Unless otherwise specifically provided in the Letter shop drawings for the Iiniled purpose of checking for general conformance with information given
<br /> Agreement,the services to be provided by WSN do not include Identification of asbestos or and design concept expressed in the Contract Documents. Review and/or approval of submittals
<br /> pollution,and WSN has no duty to identify or atempt to identify the same within the area of is not conducted for the purpose of determining accuracy and completeness of other details or for
<br /> the Project. substantiating irshhxthons for installation or performance of equipment or systems,all of which
<br /> remain the exclusive responsibility of the contractor.WSN's review adlar approval shall not
<br /> With respect to the foregoing,CLIENT acknowledges and agrees that WSN is not a user, consfilute approval of safety precautions,or any construction means,methods,techniques,
<br /> handier,generator,operator,treater,starer,transporter or disposer of asbestos or pollution sequences or procedures. WSN's approval of a specific item shall not indicate approval of an
<br /> which may be encountered by WSN on the Project It is further understood and agreed troll assembly of which the Item Is a component WSN's review adlor approval shat not relieve
<br /> services WSN will undertake fa CLIENT may be uninsurable obligations involving the contractor fa any deviations;from the requirements of the contract documents nor from the
<br /> presence or potential presence of asbestos or pollution.Therefore,CLIENT agrees,except responsibility for errors or omissions on ferns such as sizes,dmenee s,quantities,colors,or
<br /> (t)such liability as may arise out of WSN's sole negligence in the performance of services locations.
<br /> hinder this Agreement or(2)to the extent of insurance coverage avagable fa the claim,to
<br /> hold harmless,indemnify and defend WSN and WSITs officers,suboontrador(s),
<br /> employees and agents from and against any and all claims,lawsuits,damages,lability aid ARTICLE 111.REVIEW OF PAY APPLICATIONS
<br /> costs,induct%but not limited to,costs of defense,arising out of or in arty way connected If included in the scope of services,any review or certification of any pay applications,or
<br /> with the presence,dschaW,release,or escape of asbestos or pollution.This certificates of completion shall be based upon WSN's observation of the Work and on the data
<br /> idemffication is Intended to apply only to existing conditions and net to conditions caused comprising the contractor's application for payment,and shall hogcate that to the best of WSN's
<br /> or created by WSN. age,information and belief,the quantity and quality of the Work is in general oonfamance
<br /> with the Contract Documents.The issuance of a cerfiicale for payment or substantial dompietdn
<br /> 9. Provide such accounting independent cost estimating and insurance oounsegng services is not a representation that WSN has made exhaustive or continuous inspections,reviewed
<br /> as may be requaed for the Project,such legal services as CLIENT may require or WSN construction means and methods,vetted any bade-up data provided by the contractor,or
<br /> may reasonably request with regard to 44 Issues pertaining to the Project mckrcing any ascertained how or for what purpose the contractor has used money previously paid by CLI ENT.
<br /> that may be raised by Contractor(s),such auditing service as CLI ENT may require to
<br /> ascertain how or fa what purpose any Contractor has used the moneys paid under the
<br /> construction contract,and such inspection services as CLI ENT may require to ascertain
<br /> that Contractor(s)are complying with any law,rule,regulation,ordnance,dude or order
<br /> applicable to their ftrnishi g and performing the work
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