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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. <br />HJN/hjn1929004v1 <br />