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ARTICLE 7.CLIENT'S RESPONSIBILITIES 10. Provide'record'drawings and specifications for all existing physical plants or facilities
<br /> `,.To permit WSN to perform the services required hereunder,the CLIENT shall supply,in proper which are pertinent to the Project
<br /> fire 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 act as CUENTs 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 Agreement.Such person shag have authority to transmit WSN finds that any information fumished by the CLIENT is in error or is inadequate far its
<br /> instructions,receive instructions,receive information,Interpret and define CLIENT's policies purpose,WSN shag endeavor to notify the CLIENT. However,WSN shag 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. Furnish,as required for performance of WSN's 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 without limitation,core borings,probes and subsurface ARTICLE 8.OPINIONS OF COST
<br /> explorations,hydrographic and geohydrologic surreys,laboratory tests and inspections of Opinions of probable project cost,construction cost,financial evaluations,feasibility studies,
<br /> samples,materials and equipment,appropriate professional interpretations of all of the economic analyses of alternate solutions and utilitarian considerations of operations and
<br /> foregoing;environmental assessment and impact statements;property,boundary maintenance costs provided for in the Letter Agreement or any Exhibits attached hereto are to be
<br /> easement,right-of-way,topographic and utility surveys;property descriptions;zoning,deed 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 expedenced design professional It is recognized,however,that WSN does not have control over
<br /> or any Exhibits 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 facility to be
<br /> 4. Provide access to,and make all provisions for WSN to enter upon publicly or privately constructed,or acquired,or work to be performed on the basis of WSN's cost opinions must,of
<br /> owned property as required to perform the work. necessity,be speculative until completion of construction or acquisition.Accordingly,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 coordination 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 others as may be
<br /> necessary for completion of the Project. ARTICLE 9.CONSTRUCTION PHASE SERVICES
<br /> CUENT acknowledges that 4 is customary for the architect or engineer who is responsible for the
<br /> 6. Examine all reports,sketches,drawings,specifications and other documents prepared and preparation and furnishing of Drawings and Specifications and other construction-related
<br /> presented by WSN,obtain advice of an attorney,insurance counselor or others as CLIENT documents to be employed to provide professional services during the Bidding and Construction
<br /> deems necessary for such examination and render in writing,decisions pertaining thereto Phases of the Project,(1)to interpret and clarify the documentation so furnished and to mod'dy
<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 whenever CLIENT observes or otherwise becomes bidders and Contractor(s),(3)In connection with approval of shop drawings and sample
<br /> aware of any development that affects 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 /> 8. Initiate action,where appropriate,to identify and investigate the nature and extent of out for bids)and the Construction Phases of the Project,WSN will not be responsible for,and
<br /> asbestos and/or pollution in the Project and to abate and/or remove the same as may be CLIENT shall indemnify and hold WSN,its officers,consultant(s),subcontractor(s),employees
<br /> required by federal,state or kcal statute,ordinance,code,rule,or regulation now existing and agents harmless from,all claims,damages,losses and expenses including attorneys'fees
<br /> or hereinafter enacted or amended.For purposes of this Agreement,'pollution'and arising out of,or resulting from,any interpretation,clarification,substitution acceptance,shop
<br /> 'pollutant shall mean any sold,liquid,gaseous or thermal irritant or contaminant,including drawing or sample approval or modification of such documentation issued or carried out by
<br /> smoke,vapor,soot,alkals,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 assumed 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 on the Project and promptly notify the CLIENT,who WSN may review and approve or take other appropriate action on the contractor's submittals or
<br /> shall proceed as set forth above.Unless otherwise specifically provided in the Lefler shop drawings for the limited purpose of checking for general conformance with information given
<br /> Agreement,the services to be provided by WSN do not include idenfification 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 attempt 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 instructions for installation or performance of equipment or systems,all of which
<br /> remain the exclusive responsibility of the contractor.WSN's review and/or approval shall not
<br /> With respect to the foregoing,CLIENT acknowledges and agrees that WSN is not a user, constitute approval of safety precautions,or any construction means,methods,techniques,
<br /> handler,generator,operator,treater,storer,transporter or disposer of asbestos or pollution sequences or procedures.WSN's approval of a specific item shag not indicate approval of an
<br /> which may be encountered by WSN on the Project It Is further understood and agreed that assembly of which the item is a component. WSN's review and/or approval shall not relieve
<br /> services WSN will undertake for CLIENT may be uninsurable obligations involving the contractor for 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 items such as sizes,dimensions,quantities,Colors,or
<br /> (1)such liability as may arse out of WSN's sole negligence in the performance of services locations.
<br /> under this Agreement or(2)to the extent of insurance coverage available for the claim,to
<br /> hold harmless,indemnity and defend WSN and WSN's officers,subcontractor(s),
<br /> employees and agents from and against any and all claims,lawsuits,damages,liability and ARTICLE 11.REVIEW OF PAY APPLICATIONS
<br /> costs,inducting,but not limited to,costs of defense,arising out of or in any way connected If included in the scope of services,any review or certification of any pay applications,or
<br /> with the presence,discharge,release,or escape of asbestos or pollution.This certificates of completion shag be based upon WSN's observation of the Work and on the data
<br /> indemnification is intended to apply only to existing conditions and not to conditions caused comprising the contractor's application for payment,and shag indicate that to the best of WSN's
<br /> or created by WSN. knowledge,information and belief,the quantity and quality of the Work is in general conformance
<br /> with the Contract Documents. The issuance of a certificate for payment or substantial completion
<br /> 9. Provide such accounting,independent cost estimating and insurance counseling services is not a representation that WSN has made exhaustive or continuous inspections,reviewed
<br /> as may be required for the Project,such legal services as CLIENT may require or WSN construction means and methods,verified any back-up data provided by the contractor,or
<br /> may reasonably request with regard to legal issues pertaining to the Project Including any ascertained how or for what purpose the contractor has used money previously paid by CLIENT.
<br /> that may be raised by Contractor(s),such auditing service as CLIENT may require to
<br /> ascertain how or for what purpose any Contractor has used the moneys paid under the
<br /> construction contract,and such inspection services as CLIENT may require to ascertain
<br /> that Contractors)are complying with any law,rule,regulation,ordinance,code or order
<br /> applicable to their furnishing and performing the work
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