ARTICLE 72. REQUESTS FOR INFORMATION (RFI)
<br />If included in Ihe scope of services, WSN will provide, wi�h reasona6le promptness, written
<br />responses to requesls from anycontractor forclarification, interpretalion or informatfon on the
<br />requiremenls of the Contract Documents. If Contractors RFI's are, in WSN's professional opinion,
<br />for intormation read1y apparent Bom reasonable observation of field condilions or review of the
<br />Contracl Documenls, or are reasonably inferable iherefrom, WSN shall be entitled to compensaUon
<br />for Addflbna! Services for WSN's tlme in responding to such requests. CLIENT may wish to make
<br />ihe Con(�actor responsible to tl�e CLIENT for all such charges for additbnal services as described in
<br />fhis arlicle.
<br />ARTICLE 13. CONSTRUCTION OBSERVATION
<br />ff included in the scope of services, WSN wiN make site visils as specified in me scope of services in
<br />order to observe the progress of Ihe Work compleled. Such site visits and abserve(ions are not
<br />intended io be an exhauslive check or detailed inspeciion, but rather are lo albw WSN io become
<br />generelly familiar wAh fhe Work. WSN shall keep CLIEN7 ioFormed a6out lhe progress of lhe Work
<br />and shall advise !he CLIEN7 about observed deficiencies fn lhe Work. WSN shall not supervise,
<br />direct or have conirol over any Contractors work, nor have any responsibility for the construclbn
<br />means, melhods, techniques, sequences or procedures selecled by ihe ConUactor nor for the
<br />Contractors safery precaulions or programs in conneclbn with Ihe Work, These righls and
<br />responsibililies are solety ihose of the ConUactor. WSN shell not he responsible for any acls or
<br />omissions of any Conhactor and shaU not be responsible for any Canlractors failure to perform Ihe
<br />Work in accordance with the Contract Documents or any applicable laws, codes, rules or
<br />regulatans.
<br />If conslruclion observalion services are not induded in !he scope of services, CLIENT assumes all
<br />responsibility tor interpretation of (he Coniract Oocumenls and for construction observalion, and the
<br />CLIEN7 waives any claims against WSN ihat are connected with the perFormance of such services.
<br />ARTICLE 14. BEITERMENT
<br />If, due lo WSN's negligence, a required ilem or component of Ihe Project is anitted from Ihe
<br />consiruction documents, WSN shall nof be responsi6le for paying ihe crosf required to add such item
<br />or component to lhe extenl that such item or component would have been required and included in
<br />the original oonstrucfion documents. In no event, will WSN be responsible for any cost or expense
<br />that provides betlerment or upgrades or enhances the value of lhe Project.
<br />ARTICIF 15: CERTIFICATIONS; GUARANTEES AND WARRANTIES
<br />WSN shall not be required to sign any documents, no mafter by who requested, that would result in
<br />WSN havirg to ce�ify, guaranlee or warrant lhe existence of conditions whose existence WSN
<br />canrwl ascertain. CLIENT agrees not to make resoluiion of any dispute wilh WSN or payment of
<br />any amount due to WSN in any way conlingenl upon WSN signing such cert�celion.
<br />ARTICLEI6. CONTINGENCYFUND
<br />CLIENT and WSN agree ihat certain increased cosis and changes may be required hecause of
<br />possihle omissbns, ambiguities or inconsistencies in the plans and specificalions prepared by WSN,
<br />and lherefore, Ihat lhe final construction cost oi me Projec[ may exceed the bids, contract amounl or
<br />estimated construcGon Cost, CLIENT agrees to set aside a reserve in Ihe amount of 5% of lhe
<br />Projec! construct cosis as a contingency to be used, as required, to pay tor any such increased
<br />cosls and changes. CLIENT furlher agrees to make no claim by way of direct or third-pahy aclion
<br />against WSN with respect to any increased cosls within ihe contingency because of such changes
<br />or because of �ny ciaims made by any Conuactor relaiing io such cnanges.
<br />ARTICLE 17. INSURANCE
<br />WSN shall procure and maintain insurance for proteclion from claims against if under workers'
<br />compensation acis, daims 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 againsl it for damages hecause of injury to or destruction of property including bss of use
<br />resulting lhere6om,
<br />Also, WSN shall procure and mainlain professional liabilily insurance for protec6on from claims
<br />arising oul of performance of pro(essional services caused by any negligent act, error, or omission
<br />for which WSN is legally liable.
<br />Certificates of insurance will 6e provided to lhe CLIENT upon request.
<br />ARTICLE 18. ASSfGNMENT
<br />Neither Party to this Agreement shail t�anster, sublet or assign any righls or dulies under or interest
<br />in ihis Agreement, induding but not fimited to monies Ihat are due or monies lhal may 6e due,
<br />wilhouf ihe prior written consent of the olher party. SuhconUacting to su6consulfants, normally
<br />contemplaled by WSN as a generally accepted business practice, shall not be considered an
<br />assignment for purposes of lhis Agreement
<br />ARTICLE 19. NO THIRD•PARTY BENEFtCU1R1ES
<br />Nothing conlained in this Agreemeni shall create a contractual relatanship or a cause of action
<br />by a ihird-party against eilher W5N or CLIENT. WSN's services pursuant to this Agreement are
<br />heing performed solely for the CLIENT's benefif, and no olher party or entity shall have any claim
<br />against WSN because of this Agreement.
<br />ARTICLE 20. CORPORATE PROTECTION
<br />It is inlended by ifie parties lo lhis Agreement lhat WSN's services in connection wilh ihe Projecl
<br />shall not subject WSN's individuai employees, officers or directors lo any personal legal exposure
<br />for the risks associated wilh this Project. Therefore, and notwilhstanding anything to the contrary,
<br />CLIENT agrees ihat as the CLIENT's sole and exc�usive remedy, any claim, demand or suil shail
<br />be direcled andlor asserted only against WSN, a Minnesota corporafion, and not against any of
<br />WSN's indi�ridual empbyees, officers or directors.
<br />ARTICLE 21. CONTROLLING LAW
<br />This Agreement is to be governed by lhe laws ot Ihe State of Minnesola
<br />ARTICLE 22 ASSIGNMENT OF RISK
<br />In recognifion of fhe relative risks and benefits of the project to boih ihe CLIENT and WSN, lhe
<br />risks have been albcated such that the CUENT agrees, to the fullest exlent permitled by law, to
<br />limit the lia6i�iry of WSN, employees of WSN and sub-consuilanis, to the CLIENT and to all
<br />wnstruction contractors, subconUactors, agents and assigns on fhe project for any and all claims,
<br />bsses, costs, damages of any nalure whatscever or claims expenses from any cause or causes,
<br />so that tolal aggregate liability of WSN, employees of WSN and sub-consullants, to a!I ihose
<br />named shall not exceed WSN's total fee for services rendered on this project. 5uch claims and
<br />causes include, but are not limiled to negligence, professional errors or omissions, slrict liability,
<br />breach of contract or warranty.
<br />ARTICLE 23. NON•DISCRIIAINATION
<br />WSN will comply with lhe provisions of applicable federal, state and bcal statutes, ordinances
<br />and regulallons pertainfng to human rights and non-discrimination.
<br />ARTICLE 24. SEVERABILfTY
<br />Any provision or portion thereof in this Agreement which is held to be void or unenforceable under
<br />any law shall be deemed shicken, and all remaining provisions shall continue to be valid and
<br />6inding behveen CLIENT and WSN. All limits of liability and indemnities contained in ihe
<br />Agreement shall survive 1he complefion or lerminaCron of the Agreement.
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