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ARTICLE T. CLIENT'S RESPONSIBILfTIES
<br />A. To permit WSN to perform ihe services required hereunder, ihe CLIENT shall supply, in proper
<br />dme and sequer�ce, Ihe following at no expense to WSN:
<br />1. Provide atl necessary information regarding ils requirements as necessary iw orderiy
<br />progress of Ihe wark.
<br />2. Designate in wriling, a person to act as CUENTs representative wiHi respecf to ihe
<br />services lo be rendered under this AgreertrenL Such person shaM have auihority lo transmil
<br />insUuctbns, receive instruclions, receive infortnation, interpret and define CiIENTs poFicies
<br />wilh respect to WSN's servioes.
<br />3. Fumish, as required tor pertormance of WSN's services (eatcept to tlie extent provided
<br />othenvise in ihe Lefler Agreement or any Exhibils aHachad hereto), data prepared by w
<br />services of olhers, 6x�udng witfwut Iimilation, core borings, probes and subsudace
<br />e�brations, hydrographic and geohydrofogic surveys, laboratory tes4s and inspeclio� of
<br />samples, materiats and equipmen� appropriate professional interpretaUons of all of the
<br />toregoing; envirorimental assessment and impacl statements; property, boundary
<br />easement, rightofivay, topographic and utilitysurveys; property desaiptions; zoning, deed
<br />and olher land use restric6on; and other spectiat data not covered m ihe Letter Agreement
<br />or any Exhibils aflached hereto.
<br />4. Provide acCBSS lo, and make aq provisions for WSN to enter upon publicly or privately
<br />owned properiy as required to perform lhe work.
<br />5. Act as liaison w'rfh olher agencies or invdved paities to carry out necessary coordinatbn
<br />and negoGa�ans; furnish approvals and permits (rom all govemmental aulhorities having
<br />jurisdiction over the Project and such approvals and consenLs hom olhers as may be
<br />necessary for completion of lhe Projecl.
<br />6. EHamine all reports, sketches, drawings, specificatlons and other documents prepared and
<br />presen(ed by WSN, obtain advice of an altorney, insurance counsebr or others as CLIENT
<br />deems necessary for such examination and render in writing, decisbns pertainiag lhereto
<br />withln a reasonabie 6me so as not lo delay ihe services af WSN.
<br />7. Give prompt written notice lo WSN whenever CLIENT obsenres or othenuise becomes
<br />aware of any devetopment ihal aflecls Ihe scope of Gming o( WSN's servic�s or any defect
<br />in ihe work oi ConsUuction Contraclor(s), Consullants or WSN.
<br />8. Initiate action, where appropriate, to idenYify andinvestigate tha nah�reand extent of
<br />asbeslos andlor popution in the Projecl and lo abate andlor remove die same as may be
<br />required by federal, siate or bcal statute, ordinance, oode, cule, or regulatan now exis6ng
<br />or hereinaRer enacted or amended. For purposes of this Agreemeni, °pollution° and
<br />'polulanP shall mean any solid, liquid, gaseous or thermal irritant or contaminanf, induding
<br />smoke, vapor, soot, alkalis, chemicals and hazardous or loxic wasle. Hazardous or loxic
<br />waste means any subslance, waste poliutanl or contaminant now or hereafter included
<br />wRhin such lerms under any federal, slate or local slatule, ordinance, code, rule or
<br />regula6on now exisliny or hereinaNer enacled or amended. Wasle further ir�cludas
<br />materials lo be recycled, reconditioned or reclaimed.
<br />If WSN encour,ters, or reasonably suspec�s fhat H has encountered, asbestos or poNution in
<br />lhe Project, WSN shaB cease acGvity on the Projecl and prompthj notity the CUENT, who
<br />shaN procesd as set forth above. Unless oihenvise specifically provi:))ed in the Letter
<br />Agreement, Ihe services to he provided 6y WSN do nol include identifiration of asbesros or
<br />po�mor, antl �YS�I has no Uuty to �tlenGfy or attemai io itnsnGiy'u`�e sarnc within [he area o(
<br />the Project.
<br />With respect to the foregoi�g, CLIENT acknowledges and agrees ihat WSN is not a user,
<br />handler, generator, aperetor, treater, slorer, (ransporter or disposer ot asbeslos or {mNution
<br />which may be enoountered by WSN on ihe ProjeCt it is further understood and agreed ihat
<br />services WSN will underfake For CLIENT may be uninsurable o6lgaGons involving Ihe
<br />presence w polenlial presence oi asbestos or poGution. Therefore, CUENT agrees, except
<br />(1) such liablity as may arise out of WSN's sole negligence in ihe performance of services
<br />under ihis Agreement or (2) to lhe extent af insurance ooverage availab{e for the daim, to
<br />hold harmless, indemnify and de(end WSN and WSN's officers, subconUactor(s),
<br />employees and agenls from and against any and all claims, lawsuits, damages, liability and
<br />costs, induding, bul not limited to, costs of delense, arising out of or in any way connected
<br />wilh the presence, discharge, release, or escape of asbestos or pollution. This
<br />indemnificatbn is intended to apply only to existing condiGons and not to conditions caused
<br />or aeated by WSN.
<br />9. Provide such accounting,'aideperulent cost es6mating and insurance counseRng services
<br />as may be requ'ued for the Pmject such legal services as CIJENT may require a WSN
<br />may reasonably request witli regard to legal issues pettaining to ihe Project indudirg any
<br />that may be raised by Contractor(s), such auditing service as Cl1EN7 may requi�e to
<br />ascertain how or for what purpcue any Contractor has used tlie moneys paid under the
<br />construction contract, and such inspection services as CLiENT may require to ascertain
<br />thal Contraclor(sj are complying with any law, rule, regulation, ordinance, oode or order
<br />appficable to tl�elr fumbhing and performing the wak.
<br />10. P�ovide'reoord' drawings and specfica('ans (or all existing physical planls or FacBilies
<br />which are per6nent to Ihe Projed.
<br />11. Provide omer services, materials, w data as may be set farlh in ihe Lefler Agreement or
<br />any Fxhi6its atiached hereto.
<br />B. WSN may use any CLIENT provided information in perfomting iGs services, WSN shap be
<br />entitled to rety on fhe aocuracy and completeness of infamiation fumished by the CLIENT. fl
<br />WSN finds lhat any mformation fumished by the CLIENT is in errw or is inadequale (or Hs
<br />purpose, WSN shaq endeavor to nofffy the CIJENT. Howener, WSN shall nol be held
<br />responsihle For any ertors or omissbns fhal may arise as a result of erroneous or incomp(e(e
<br />intomiation provided by CLIENT.
<br />ARTICLE B.OPINIONS OF COST
<br />Opinions of probabla projecl cost, consUuction cosl, financial evaluations, feasibliry studies,
<br />ecarwmic analyses ol allernate sofutlons and ul�itarian cans'deral'ans of operalbns and
<br />maintenance cosfs provided for in ihe Lefler Agreemenl or any F�h�bits atlac:hed hereto are to 6e
<br />made on Ihe basis of WSN's experience and qualifications and represent WSN's judgment as an
<br />experienced design professional. It is recognized, however, Ihal WSN does nol have control over
<br />the cost of lahor, material, equipment a services fumished by others or over marfcet condidons or
<br />oontractors' meUads of delermining their prioes, and ihat any evaluation of aoy fac�ity to be
<br />constructed, or acquired, or work to be performed on the basis ot W5N's cosl opinbns must, of
<br />necessity, be specula�ive unGl completbn o( constiuction or aoquisition. Accordingty, WSN does
<br />not guarantee Ihat proposals, bids or adual cosls will rrot subslanlially vary from opinions,
<br />evalualions or sludies suhmitted by WSN lo CUENT hareunder.
<br />ARTICLE 9. CONSTRUCTfON PHASE SERVICES
<br />CIJENT acknowted�es tha! fl is wstomary (or Ihe archilect ot engineer who is responsibb for Ihe
<br />preparafbn and turnishing of Drawings and Specificatians and olt�er consUucUoo-relaled
<br />documents to he empbyed to provide professional services durirg fhe Bidding and Construclion
<br />Phases o( the Project, (1) to interprel and clari(y fhe documentaCan so fumished and to modify
<br />Ihe same as ci�umstances revealed during bidding and canstruciian may dklate, (� in
<br />oonnecfion with acceplance of substltute or equal items of maleriais and equipment proposed by
<br />hidders and ConUactor(s), (3) in connection with approval of shop drawings and sample
<br />submitlals, and (4) as a resuH of and in response to WSN's detecling rt� advance of performance
<br />of aHected work i�onsistencies or irregularities in such documenlation. CUENT agrees Ihffi if
<br />WSN fs nol employed lo provide such prolessional services durirg the Bidding (if Ihe work is put
<br />oN tarbids) and the Constnntion Phases ofihe Pioject,-WSNwip notteiesportsihteior; and
<br />CLIENT shall indemnify and hold WSN, its officers, consullant(s�, subconUacta(s), empbyees
<br />and agents hartnless f�om, ap daims, damages, bsses and expenses including altomeys' fees
<br />arising out of, or resuliing (rom, any inlerpretalbn, clarificalion, sub56Mion acceptance, shop
<br />drawing or sampk approval or rtadifica6on of such documenlalbn issued or cartied out by
<br />CLIENT or othe�s. Nothing contained in Ihis paragraph shall be consln�ed lo release WSN, its
<br />officers, consuftanl(s�, subconUaclor(sj, employees and agents 6om Gability for tailure to perform
<br />in accordance wiih proFessanal standards any duty or responsibi�ty wli�ch WSN has underlaken
<br />or assumed under Ihis Agreement
<br />ARTICLE 10. REYIEVY OF SHOP DRAWINGS AND SUB�1fffALS
<br />WSN may review and approve ar take other appropriate action on Nie coniraclors submittals or
<br />shop drawings for Ihe Gmited purpose of cf�eckirtg for general conformance with information given
<br />and design concept expressed in tlie ConUact Documents. Review andlor approval of submittals
<br />is noi cor�ducter', ior Ihe purpose o1 deierroini� aocuracy and oompleleness of olher deiails w for
<br />subslantiating instructions far inslallation or perfom�ance of equipment w systems, aU of which
<br />remain ihe exdusive responsbility of the contrxlor. WSN's review andla approv� shaN not
<br />conslilute approval of safety precaulions, or any cons6ructian means, melfwds, techniques,
<br />sequences or procedures. WSN's approval of a specific dem sha8 not i�icate approval of an
<br />assembly of wtiich Ihe item is a component WSN's review a�lor approval shall nol relieve
<br />contractor for any deviations hom the requiremenls of Ihe conUacl documenis rwr from Ihe
<br />responsibility For errors or omissions on items such as s¢es, dimensions, quanfiUes, cobrs, or
<br />bca[ions.
<br />ARTICLE 17. REVIEYV OF PAYAPPLICATIONS
<br />If included in me scopa of serv(ces, any review or certification of any pay applicatans, or
<br />cerfificates of completion shall 6e based upon WSN's observation of Ihe Work and on the data
<br />comp�ising the contractors appkcation for payment, and shaq indicate Ihat lo the best of WSN's
<br />knowledge, iMormation and befief, ihe quantity and quaNty of ihe Wor1c is in ger�eral cnnfom�ance
<br />with tlre Gonhact Oocunrenls, The fssuance of a Cetlificate fw payrt�ent a substan6al completion
<br />is not a repesentation U�at WSN has made exhaustive or confmuous a�spections, reviewed
<br />conshuction means and metlrods, verified any badct�p data provided by Ihe contractor, or
<br />ascertained how or for what pwpose ihe contractor has used money previouslp paid by ClJENi.
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