|
`RTICLE 12.REQUESTS FOR INFORMATION(RFD ARTICLE 14.NO THIRD-PARTY BENEFICUIWES
<br /> anciuded in the scope of services,WSN will provide,with reasonable promptness,Widen Nothing contained in this Agreement shall create a contractual relationship or a cause of action
<br /> responses to requests from any contractor fa darifcallon,interpretation or information on the by a thid party against either WSN or CLIENT.WSN's services pursuant to this Agreement are
<br /> requirements of the Contract Documents, If Contractors RFI's are,in WSN's professional opinion, being periormed sdely fa the CLIENTS benefit,and no other party or entity shall have any claim
<br /> for information readily apparent from reasonable observation of field conditions or review of the against WSN because of this Agreement
<br /> Contract Documents,or are reasonably inferable therefrom,WSN shag be entitled to compensation
<br /> for Additional Services for WSN's time in responding to such requests. CLIENT may wish to make
<br /> the Contractor responsible to the CLIENT for all such charges for ad6fional services as described in ARTICLE 20.CORPORATE PROTECTION
<br /> this article. It is intended by the parties to ftds Agreement that WEN's services in connection with the Project
<br /> shall not subject WSN's individual employees,officers or directors to any personal legal exposure
<br /> for the risks associated with this Project.Therefore,and notwithstanding anything to the contrary,
<br /> ARTICLE 13.CONSTRUCTION OBSERVATION CLIENT agrees that as the CUENT's sole and exclusive remedy,any claim,demand or suit shag
<br /> N included in the scope of services,WSN will make site visits as specified in the scope of services in be directed and/or asserted only against WSN,a Minnesota corporation,and not against any of
<br /> order to observe the progress of the Work completed. Such she visits and observations are not WSN's individual ernployees,officers or directors.
<br /> Intended to be an exhaustive check or detailed inspection,but rather are to allow WSN to become
<br /> generalty familiar with the Work WSN shall keep CLIENT informed about the progress of the Work
<br /> and shall advise the CLIENT about observed deficiencies in the Work.WSN shag not supervise, ARTICLE 21.CONTROLLING LAW
<br /> direct or have control over any Contractor's work nor have any responsibility,for the constncction This Agreement is to be governed by the laws of the State of Minnesota.
<br /> means,methods,techniques,sequences or proceckres selected by the Contractor nor for the
<br /> Contractor's safety precautions or programs In connection with the Work These rights and
<br /> responsibilities are solely those of the Contractor.WSN shag not be responsible for any ads or ARTICLE 22 ASSIGNMENT OF RISK
<br /> anisslons of any Contractor and shag not be responsible for any Contractor's failure to perform the In recognition of the relafrve risks and berneft of the project to both the CLIENT and WSN,the
<br /> Work in accordance with the Contract Documents or any applicable laws,codes,rules or risks have been allocated such that the CLIENT agrees,to the fullest extent perrnitted by law,to
<br /> regulations, limit the liability of WSN,employees of WSH and sub-consultants,to the CLIENT and to all
<br /> construction contactors,subcontractors,agents and assigns on the project for any and all claims,
<br /> If construction observation services are not included in the scope of services,CLIENT-ass,mes all losses,casts,damages of any nalre whatsoever or claims expenses from any cause or causes,
<br /> responsibility for interpretation of the Contract Documents and for constructOn observation,and the so that total aggregate gabFq of WSN,employees of WSN and slants,to all those
<br /> CLIENT waives arty claims against WSN that are connected with the performance of such services. named shall not weed WSN's total fee for services rendered on this project Such clams and
<br /> causes include,but are not limited to negligence,professional errors or omissions,strict labilty,
<br /> !reach of contract or warranty.
<br /> ARTICLE 14.BETTERMENT
<br /> If,due to WSN's negligence,a regiared item or component of Die Project is omitted tom the
<br /> construction documents,WSN shall not be responsible for paying the cost required to add such item ARTICLE 23.NON-DISCRIMINATION
<br /> or component to the extent that such Rem or component would have been required and included in WSN will comply with Ire provisions of applicable federal,stale and local statutes,ordinances
<br /> the original construction documents. In no event,will WSN be responsible for any cost or expernse and regulations pertaining to human rights and non-discrimination.
<br /> that provides betterment or upgrades or enhances the value of the Project
<br /> ARTICLE 24.SEVERABILI TY
<br /> ARTICLE 15.CERTIFICATIONS,GUARANTEES AND WARRANTIES Any provision or portion thereof in this Agreement which is held to be void or unenforceable under
<br /> WSN shag not be required to sign any doaxnenhi,no matter by who requested,that would result In any law shall be deemed stricken,and all remaining provisions shag continue to be valid and
<br /> WSN having to certify,guarantee or warrant the existence of conditions whose existence WSN binding between CU ENT and WSN.AD limits of liability and irwtemnities contained in the
<br /> cannot ascertain. CLIENT agrees not to make resolufan of any dispute with WSN or payment of Agreement shall survive the completion or temnination of the Agreement
<br /> any amount due to WSN in any way contingent upon WSN signing such certifcalion.
<br /> ARTICLE 16.CONTINGENCY FUND
<br /> CLIENT and WSN agree that certain increased costs and changes maybe required because of
<br /> possible omissions,ambiguities or inconsistencies in the plans and specifications prepared by WSN,
<br /> and therefore,that the final construction cost of the Project may exceed the bids,contract amount or
<br /> estimated construction cost CLIENT agrees to set aside a reserve in the amount of 5%of the
<br /> Project construct costs as a contingency to be used,as required,to pay for any such increased
<br /> costs and changes.CLIENT further agrees to make no claim byway of director third-party action
<br /> against WSN with respect to any increased costs within the contingency because of such changes
<br /> or because of any claims made by any Contractor relating to such changes.
<br /> ARTICLE 17.INSURANCE
<br /> WSN shall procure and maintain insurance for protacfiah from claims against it under workers'
<br /> compensation acts,claims for damages because of bodily injury Including personal injury,sickness
<br /> or disease or death of any and all employees or of any person other than such employees,and from
<br /> claims against it for damages because of injury to or destruction of properly including loss of use
<br /> resulting therefrom
<br /> Also,WSN shag procure aril maintain professional liability isurance for protection from claims
<br /> arising out of performance of professional services caused by any negligent act,error,or omission
<br /> for which WSN is legally liable.
<br /> Certificates of insurance will be provided to the CLIENT upon request
<br /> ARTICLE 1&ASSIGNMENT
<br /> Neither Party to this Agreement shall transfer,sublet or assign any rights or duties tinder or interest
<br /> In this Agreement,including but not limited to m orties that are due or monies that may be due,
<br /> without the prior written consent of the other party. Sutimtractirg th subconsdtants normally
<br /> ;ohtemplated by WSN as a generally accepted busaness practice,shall not be considered an
<br /> assignment for purposes of this Agreement
<br />
|