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ARTICLE 7.CLIENT'S RESPONSIBILRIES 10 Provide"record"draHnngs and speafications for all existing physical features,
<br /> A To permit WSN to perfortn the services required hereunder,the CLIENT shall supply,in strudures,eqwpment,uhlities,or facilihes wh�ch are pertinent to the Pro�ect,to the
<br /> proper time and sequence,the follow�ng at no expense to WSN extent available
<br /> 1 Provide all program,budget,or other necessary mfortnation regarding its reqwrements 11 Prov�de other services,matenals,or data as may be set forth in the Letter
<br /> as necessary for orclerly progress of the work. Agreement or any Exhibits attached hereto
<br /> 2. Designate in wnting,a person to act as CLIENT's representaUve with respect to the B WSN may use any CLIENT provided infortnaUon in perfortning its services WSN shall be
<br /> services to be rendered under this Agreement Such person shall have authonty to entitled to rely on the accuracy and completeness of infortnation fumished by the
<br /> Vansmit instruc6ons,receive instructbns,receive information,interpret and define CLIENT If WSN finds that any infortna6on fumished by the CLIENT is in error or is
<br /> CLIENT's policies with respect to WSN's serv�ces. inadequate for its purpose,WSN shall endeavor to nohfy the CLIENT However,WSN
<br /> shall not be held responsible for any errors or omissions that may arise as a�esult of
<br /> 3. Fumish,as reqwred for performance of WSN's sernces(except to the extent prowded eRoneous or incomplete infortnation prowded by CLIENT
<br /> otherwise in the Letter Agreement or any Exhibits attached hereto),data prepared by or
<br /> services of others,including Hnthout limitation,core bonngs,probes and subsurface
<br /> exploratrons,hydrographic and geohydrologic surveys,laboratory tests and inspecGons ARTICLE S.OPINIONS OF COS7
<br /> of samples,materials and equipment,appropnate professanal interpretaUons of all of Opi�rons of probable pro�ecl cost,constructan cost,financial evaluaUons,feasiblity stud�es,
<br /> the foregoing;environmental assessmenl and impact statements,property,boundary economic analyses of altemate solutions and uGlitanan consideratans of operations and
<br /> easement,right-0f-way,topographic and utility surveys,property descnptions,zoning, maintenance costs prowded for in the Letter Agreement or any Exhibits attached hereto are
<br /> deed and other land use resViction;and other special data rwt covered in the Letter to be made on the basis of WSN's experience and qualificatwns and represent WSN's
<br /> Agreement or any Exhibits attached hereto �udgmenl as an expenenced design professronal It is recognized,however,that WSN dces
<br /> not have contml over the cost of labor,matenal,eqwpment or serwces fumished by others or
<br /> 4 Prov�Je access to,and make all provisions for WSN to enter upon publ�cly or pnvately over market conddrons or contradors'methods of determining their pnces,and thal any
<br /> owned property as reqwred to perfortn the work evaluaGon of any facihty to be constructed,or acqwred,or work to be performed on the basis
<br /> of WSN's cost opinions must,of necessity,be specula6ve un61 completron of constructan or
<br /> 5 Act as liaison with other agenaes or involved parties to carry out necessary acqwsiUon Accorclingly,WSN dces not guarantee that pr�posals,bds or actual costs�nll not
<br /> coordination and negotiaGons,fumish approvals and permits from all govemmental substanUally vary from opinions,evaluations or stud�es submiried by WSN to CLIENT
<br /> authont�es hav�ng�urisdicbon over the Project and such approvals and consents from hereunder
<br /> others as may be necessary for completion of the Project.
<br /> 6 Examine all reports,sketches,drawings,speafica6ons and other documents prepared ARTICLE 9. CONSTRUCTION PHASE SERVICES
<br /> and presented by WSN,obtain adwce of an attomey,insurance counsebr or others as CLIENT adcnowledges that it is customary for the architecl or engineer who is responsible for
<br /> CLIENT deems necessary for such examina6on and render in writing,deasrons the preparatbn and fumishing of Draw�ngs and SpeaficaUons and other construchon-related
<br /> peAaining thereto�nthin a reasonable time so as not to delay the serwces of WSN documents to be employed to prowde professanal services dunng the B�dding and
<br /> ConstrucUon Phases of the Pro�ect,(1)to interpret and clanfy the documentation so
<br /> 7. Give prompt wntten notice to WSN whenever CLIENT observes or otherwise becomes fumished and to modify the same as circumstances revealed during bidding and constructron
<br /> aware of any development that affects the scope of 6ming of WSN's sernces or any may dictate,(2)in connecUon w�th acceptance of substitute or equal items of matenals and
<br /> defect in the wvrk of Construction Contractor(s),Consultants or WSN eqwpment proposed by bidders and Contractor(s),(3)in connecUon with approval of shop
<br /> dra�nnngs and sample submittals,and(4)as a result of and in response to WSN's detecting in
<br /> 8 IniUate action,where appropnate,to identify and investgate the nature and extent of advance of perfortnance of affected work inconsistenc�es or irregulanties in such
<br /> asbestos andlor pollution in the Project and to abate andlor remove the same as may documentation CLIENT agrees that if WSN is not empbyed to prowde such professional
<br /> be reqwred by federal,state or local statule,ordinance,code,rule,or regulation now services dunng the Bidding(if the work is put out for b�1s)and the Construction Phases of
<br /> existing or hereinafter enacted or amended.For purposes of this Agreement,"pollution" the Pro�ect,WSN will not be responsible for,and CLIENT shall indemnify and hold WSN,its
<br /> and"pollutanY shall mean any solid,liquid,gaseous or thermal imtant or contaminant, offrczrs,consuttant(s),subcontractor(s),employees and agents harmless from,all claims,
<br /> mcluding smoke,vapor,soot,alkalis,chemicals and hazardous or toxic waste damages,losses and expenses includmg attomeys'(ees ansing out of,or resulting from,any
<br /> Hazardous or toxic waste means any substance,waste pollutant or contaminant now or interpretatan,danficahon,subsbtutron acceptance,shop draHnng or sample approval or
<br /> hereafter included within such terms under any federal,state or bcal statute, modificatron of such documenta6on issued or camed out by CLIENT or others Nothing
<br /> ordinance,code,rule or regulaUon now exisling or hereinafter enacted or amended. contained in this paragraph shall be construed to release WSN,its officers,consultant(s),
<br /> Waste fuRher includes materials to be recycled,recondi6oned or reclaimed subcontractor(s),empbyees and agents from liability for failure to perform in accordance v�nth
<br /> professional standards any duty or responsiahty wh�ch WSN has undertaken or assumed
<br /> If WSN encounters,or reasonably suspects that d has enoountered,asbestos or under this Agreement
<br /> pollution in the Pro�ect,WSN shall cease activiry on the Project and promptly noGfy the
<br /> CLIENT,who shall proceed as set forth above.Unless othenmse speafically prov�ded
<br /> in the Letter Agreement,the services to be prov�ded by WSN do not include ARTICLE 10.REVIEW OF SHOP DRAWINGS AND SUBMITTALS
<br /> identification of asbestos or pollution,and WSN has no duty to identify or attempt to WSN may review and approve or take other appropnate action on the contraclors submittals
<br /> iden6fy the same w�thin the area of the Pro�ect or shop drawings for the limited purpose of chec�ng for general confortnance Hnth informaUon
<br /> given and desgn concept expressed in the Contracl Documents Rev�ew and/or approval of
<br /> With respect to the foregoing,CLIENT acknowiedges and agrees ihat 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 instructans for installation or performance of eqwpment or
<br /> pollution wh�ch may be encountered by WSN on the Project.It is further understood systems,all of wh�ch remain the exclusive responsibility of the contractor WSN's rewew
<br /> and agreed that services WSN will undertake for CLIENT may be uninsurable andlor approval shall not constitute approval of safety precauhons,or any construcUon
<br /> obligatrons involving the presence or potential presence of asbestos or pollutbn means,methods,techniques,sequences or procedures WSN's approval of a speafic item
<br /> Therefore,CLIENT agrees,except(1)such liability as may anse oul of WSN's sole shall not indicate approval of an assembly of wh�ch the item is a component WSN's rewew
<br /> negligence in the performance of sernces under this Agreement or(2)to the extent of and/or approval shall not reheve contrador for any dewatrons from the requvements of the
<br /> insurance coverage availaWe for the daim,to hold harmless,indemnify and defend contract documents nor fran the responsibility for errors or omissions on items such as sizes,
<br /> WSN and WSN's officers,subcnntractor(s),employees and agents from and againsl dimensions,quanGUes,colors,or loca6ons Contractor shall remain solely responsible for
<br /> any and all claims,lawsuits,damages,liabihty and costs,including,but nol limded to, compliance w�th any manufacturer reqwrements and recommendatans
<br /> costs of defense,ansing out of or in any way connected v�nth the presence,discharge,
<br /> release,or escape of asbestos or pollutan This indemnificaGon 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 /> indemnificatron shall survive the tertnination of this Agreement If mcluded in the soope of services,any rewew or certificatan of any pay applications,or
<br /> certificates of compleUon shall be based upon WSN's observatbn of the Work and on the
<br /> 9 Prov�ie such accounting,independent cost estimating and insurance counseling data compnsing the contractors applicatron for payment,and shall indicate that to the best of
<br /> sernces as may be required for the Pro�ect,such legal services as CLIENT may reqwre WSN's knowledge,mformatan and bel�ef,lhe quantity and quality of the Work is in general
<br /> or WSN may reasonably request with regard to legal issues pertainmg to the Pro�ect conformance�+nth the ConUacl Doaiments The issuance of a certficate for payment or
<br /> including any that may be raised by Contractor(s),such audiUng service as CLIENT substantial completion is not a representa6on that WSN has made exhaustive or conhnuous
<br /> may require to asceRain how or for what purpose any Contractor has used the moneys inspections,reviewed construction means and methods,venfied any badc-up dala prov�ded
<br /> paid under the constructron conUact,and such inspectron services as CLIENT may by the contrador,or ascertained how or for what purpose the contrador has used money
<br /> require to ascertain that Contractor(s)are complying with any law,rule,regulation, prevrously pad by CLIENT
<br /> ordinance,code or order applicable to their fumishing and performing the work
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