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ARTICLE 7.CLIENTS RESPONSIBILITIES
<br /> A.To permit WIDSETH to perform the services required hereunder,the CLIENT shall supply,in
<br /> proper time and sequence,the following at no expense to WIDSETH:
<br /> 10. Provide"record drawings and specifications for all existing physical features,
<br /> 1. Provide all program,budget,or other necessary information regarding its requirements structures,equipment,utilities,or facilities which are pertinent to the Project,to the
<br /> as necessary for orderly progress of the work extent available.
<br /> 2. Designate in writing,a person to act as CLIENTS representative with respect to the 11. Provide other services,materials,or data as may be set forth in the Letter
<br /> services to be rendered under this Agreement Such person shall have authority to Agreement or any Exhibits attached hereto.
<br /> transmit instructions,receive instructions,receive information,interpret and define
<br /> CLIENTS policies with respect to WIDSETH's seMces. B.WIDSETH may use any CLIENT provided information In performing its services.
<br /> WIDSETH shall be entitled to rely on the accuracy and completeness of information
<br /> 3. Furnish,as required for performance of WIDSETH's services(except to the extent fumished by the CLIENT.If WIDSETH finds that any information furnished by the CLIENT
<br /> provided otherwise In the Letter Agreement or any Exhibits attached hereto),date is in error or is inadequate for its purpose,WIDSETH shall endeavor to notify the CLIENT.
<br /> prepared by or services of others,including without limitation,core borings,probes and However,WIDSETH shall not be held responsible for any errors or omissions that may
<br /> subsurface explorations,hydrographic and geohydrologic surveys,laboratory tests and arise as a result of erroneous or Incomplete information provided by CLIENT.
<br /> inspections of samples,materials and equipment;appropriate professional
<br /> interpretations of all of the foregoing;environmental assessment and impact
<br /> statements;property,boundary easement,right-of-way,topographic and utility surveys; ARTICLE S.OPINIONS OF COST
<br /> property descriptions;zoning,deed end other land use restriction;and other special Opinions of probable project cost,construction cost,financial evaluations,feasibility studies,
<br /> data not covered in the Letter Agreement or any Exhibits attached hereto. economic analyses of alternate solutions and utilitarian considerations of operations and
<br /> maintenance costs provided for in the Letter Agreement or any Exhibits attached hereto are
<br /> 4. Provide access to,and make all provisions for WIDSETH to enter upon publicly or to be made on the basis of WIDSETH's experience and qualifications and represent
<br /> privately owned property as required to perform the work. WIDSETH's judgment as an experienced design professional.It is recognized,however,that
<br /> WIDSETH does not have control over the cost of labor,material,equipment or services
<br /> 5. Act as liaison with other agencies or involved parties to carry out necessary furnished by others or over market conditions or contractors'methods of determining their
<br /> coordination and negotiations;furnish approvals and permits from all governmental prices,and that any evaluation of any facility to be constructed,or acquired,or work to be
<br /> authorities having jurisdiction over the Project and such approvals and consents from performed on the basis of WIDSETH's cost opinions must,of necessity,be speculative until
<br /> others as may be necessary for completion of the Project completion of construction or acquisition.Accordingly,WIDSETH does not guarantee that
<br /> proposals,bids or actual costs will not substantially vary from opinions,evaluations or studies
<br /> 6. Examine all reports,sketches,drawings,specifications and other documents prepared submitted by WIDSETH to CLIENT hereunder.
<br /> and presented by WIDSETH,obtain advice of an attorney,insurance counselor or
<br /> others as CLIENT deems necessary for such examination and render in writing,
<br /> decisions pertaining thereto within a reasonable time so as not to delay the services of ARTICLE 9.CONSTRUCTION PHASE SERVICES
<br /> WIDSETH. CLIENT acknowledges that it is customary for the architect or engineer who is responsible for
<br /> the preparation and finishing of Drawings and Specifications and other construction-related
<br /> 7. Give prompt written notice to WIDSETH whenever CLIENT observes or otherwise documents to be employed to provide professional services during the Bidding and
<br /> becomes aware of any development that affects the scope of timing of WIDSETH's Construction Phases of the Project,(1)to interpret and clarify the documentation so
<br /> services or any defect in the work of Construction Contractor(s),Consultants or furnished and to modify the same as circumstances revealed during bidding and construction
<br /> WIDSETH. may dictate,(2)in connection with acceptance of substitute or equal items of materials and
<br /> equipment proposed by bidders and Contractor(s),(3)in connection with approval of shop
<br /> 8. Initiate action,where appropriate,to Identify and investigate the nature and extent of drawings and sample submittals,and(4)as a result of and in response to WIDSETH's
<br /> asbestos and/or pollution in the Project and to abate and/or remove the same as may detecting in advance of performance of affected work inconsistencies or irregularities in such
<br /> be required by federal,state or local statute,ordinance,code,rule,or regulation now documentation.CLIENT agrees that if WIDSETH is not employed to provide such
<br /> existing or hereinafter enacted or amended.For purposes of this Agreement,'pollution' professional services during the Bidding(lithe work is put out for bids)and the Construction
<br /> and°pollutant"shad mean any solid,liquid,gaseous or thermal irritant or contaminant, Phases of the Project,WIDSETH will not be responsible for,and CLIENT shall indemnify and
<br /> including smoke,vapor,soot,alkalis,chemicals and hazardous or toxic waste. hold WIDSETH,its officers,consultant(s),subcontractor(s),employees and agents harmless
<br /> Hazardous or toxic waste means any substance,waste pollutant or contaminant now or from,al claims,damages,losses and expenses including attorneys'fees arising out of,or
<br /> hereafter included within such terms under any federal,state or local statute, resulting from,any interpretation,clarification,substitution acceptance,shop drawing or
<br /> ordinance,code,rule or regulation now existing or hereinafter enacted or amended. sample approval or modification of such documentation issued or carried out by WENT or
<br /> Waste further includes materials to be recycled,reconditioned or reclaimed. others.Nothing contained in this paragraph shall be construed to release WIDSETH,its
<br /> officers,consultant(s),subcontractor(s),employees and agents from liability for failure to
<br /> If WIDSETH encounters,or reasonably suspects that it has encountered,asbestos or perform in accordance with professional standards any duty or responsibility which
<br /> pollution in the Project,WIDSETH shall cease activity on the Project and promptly WIDSETH has undertaken or assumed under this Agreement
<br /> notify the CLIENT,who shall proceed as set forth above.Unless otherwise specifically
<br /> provided in the Letter Agreement,the services to be provided by WIDSETH do not
<br /> include identification of asbestos or pollution,and WIDSETH has no duty to identify or ARTICLE 10.REVIEW OF SHOP DRAWINGS AND SUBMITTALS
<br /> attempt to identify the same within the area of the Project WIDSETH may review and approve or take other appropriate action on the contractor's
<br /> submittals or shop drawings for the limited purpose of checldng for general conformance with
<br /> With respect to the foregoing,CLIENT acknowledges and agrees that WIDSETH is not information given and design concept expressed In the Contract Documents.Review and/or
<br /> a user,handler,generator,operator,treater,storer,transporter or disposer of asbestos approval of submittals is not conducted for the purpose of determining accuracy and
<br /> or pollution which may be encountered by WIDSETH on the Project.It is further completeness of other details or for substantiating instructions for installation or performance
<br /> understood and agreed that services WIDSETH will undertake for CLIENT may be of equipment or systems,all of which remain the exclusive responsibility of the contractor.
<br /> uninsurable obligations involving the presence or potential presence of asbestos or WIDSETH's review and/or approval shall not constitute approval of safety precautions,or any
<br /> pollution.Therefore,CLIENT agrees,except(1)such liability as may arise out of construction means,methods,techniques,sequences or procedures.WIDSETH's approval of
<br /> WIDSETH's sole negligence in the performance of services under this Agreement or(2) a specific Item shall not indicate approval of an assembly of which the item is a component
<br /> to the extent of insurance coverage available for the claim,to hold harmless,indemnify WIDSETH's review and/or approval shall not relieve contractor for any deviations from the
<br /> and defend WIDSETH and WIDSETH's officers,subcontractor(s),employees and requirements of the contract documents nor from the responsibility for errors or omissions on
<br /> agents from and against any and all claims,lawsuits,damages,liability and costs, items such as sizes,dimensions,quantities,colors,or locations.Contractor shall remain
<br /> including,but not limited to,costs of defense,arising out of or in any way connected solely responsible for compliance with any manufacturer requirements and recommendations.
<br /> with the presence,discharge,release,or escape of asbestos or pollution.This
<br /> indemnification is intended to apply only to existing conditions and not to conditions
<br /> caused or created by WIDSETH.This indemnification shall survive the termination of ARTICLE 11.REVIEW OF PAY APPLICATIONS
<br /> 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 WIDSETH's observation of the Work and on
<br /> 9. Provide such accounting,independent cost estimating and Insurance counseling the data comprising the contractor's application for payment,and shall indicate that to the
<br /> services as may be required for the Project,such legal services as CLIENT may require best of WIDSETH's knowledge,information and belief,the quantity and quality of the Work is
<br /> or WIDSETH may reasonably request with regard to legal issues pertaining to the In general conformance with the Contract Documents.The Issuance of a certificate for
<br /> Project Including any that may be raised by Contractor(s),such auditing service as payment or substantial completion is nota representation that WIDSETH has made
<br /> CLIENT may require to ascertain how or for what purpose any Contractor has used the exhaustive or continuous inspections,reviewed construction means and methods,verified
<br /> moneys paid under the construction contract,and such inspection services as CLIENT any back-up data provided by the contractor,or ascertained how or for what purpose the
<br /> may require to ascertain that Contractor(s)are complying with any law,rule,regulation, contractor has used money previously paid by CLIENT.
<br /> ordinance,code or order applicable to their furnishing and performing the work.
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