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ARTICLE 7. CLIENT'S RESPONSIBILITIES 10. Provide'record"drawings and specifications for all existing physical features,
<br /> A. To permit WSN to perform the services required hereunder,the CLIENT shall supply,in structures,equipment,utilities,or facilities which are pertinent to the Project,to the
<br /> proper time and sequence,the following at no expense to WSN: extent available.
<br /> 1. Provide all program,budget,or other necessary information regarding its requirements 11. Provide other services,materials,or data as may be set forth in the Letter
<br /> as necessary for orderly progress of the work. Agreement or any Exhibits attached hereto.
<br /> 2. Designate in writing,a person to act as CLIENT's representative with respect to the B. WSN may use any CLIENT provided information in performing its services. WSN shall be
<br /> services to be rendered under this Agreement.Such person shall have authority to entitled to rely on the accuracy and completeness of information furnished by the
<br /> transmit instructions,receive instructions,receive information,interpret and define CLIENT.If WSN finds that any information furnished by the CLIENT is in error or is
<br /> CLIENT's policies with respect to WSN's services. inadequate for its purpose,WSN shall endeavor to notify the CLIENT. However,WSN
<br /> shall not be held responsible:for any errors or omissions that may arise as a result of
<br /> 3. Furnish,as required for performance of WSN's services(except to the extent provided erroneous or incomplete information provided by CLIENT.
<br /> otherwise in the Letter Agreement or any Exhibits attached hereto),data prepared by or
<br /> services of others,including without limitation,core borings,probes and subsurface
<br /> explorations,hydrographic and geohydrologic surveys,laboratory tests and inspections ARTICLE S.OPINIONS OF COST
<br /> of samples,materials and equipment;appropriate professional interpretations of all of Opinions of probable project cost,construction cost,financial evaluations,feasibility studies,
<br /> the foregoing;environmental assessment and impact statements;property,boundary economic analyses of alternate solutions and utilitarian considerations of operations and
<br /> easement,right-0f--way,topographic and utility surveys;property descriptions;zoning, maintenance costs provided for in the Letter Agreement or any Exhibits attached hereto are
<br /> deed and other land use restriction;and other special data not covered in the Letter to be made on the basis of WSN's experience and qualifications and represent WSN's
<br /> Agreement or any Exhibits attached hereto. judgment as an experienced design professional.It is recognized,however,that WSN does
<br /> not have control over the cost of labor,material,equipment or services furnished by others or
<br /> 4. Provide access to,and make all provisions for WSN to enter upon publicly or privately over market conditions or contractors'methods of determining their prices,and that any
<br /> owned property as required to perform the work. evaluation of any facility to be constructed,or acquired,or work to be performed on the basis
<br /> of WSN's cost opinions must,of necessity,be speculative until completion of construction or
<br /> 5. Act as liaison with other agencies or involved parties to carry out necessary acquisition.Accordingly,WSN does not guarantee that proposals,bids or actual costs will not
<br /> coordination and negotiations;famish approvals and permits from all governmental substantially vary from opinions,evaluations or studies submitted by WSN to CLIENT
<br /> authorities having jurisdiction 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,specifications and other documents prepared ARTICLE 9. CONSTRUCTION PHASE SERVICES
<br /> and presented by WSN,obtain advice of an attorney,insurance counselor or others as CLIENT acknowledges that it is customary for the architect or engineer who is responsible for
<br /> CLIENT deems necessary for such examination and render in writing,decisions the preparation and furnishing of Drawings and Specifications and other construction-related
<br /> pertaining thereto within a reasonable time so as not to delay the services of WSN. documents to be employed to provide professional services during the Bidding and
<br /> Construction Phases of the Project,(1)to interpret and clarify the documentation so
<br /> 7. Give prompt written notice to WSN whenever CLIENT observes or otherwise becomes furnished and to modify the same as circumstances revealed during bidding and construction
<br /> aware of any development that affects the scope of timing of WSN's services or any may dictate,(2)in connection with acceptance of substitute or equal items of materials and
<br /> defect in the work of Construction Contractor(s),Consultants or WSN. equipment proposed by bidders and Contractor(s),(3)in connection with approval of shop
<br /> drawings and sample submittals,and(4)as a result of and in response to WSN's detecting in
<br /> 8. Initiate action,where appropriate,to identify and investigate the nature and extent of advance of performance of affected work inconsistencies or irregularities in such
<br /> asbestos and/or pollution in the Project and to abate and/or remove the same as may documentation.CLIENT agrees that if WSN is not employed to provide such professional
<br /> be required by federal,state or local statute,ordinance,code,rule,or regulation now services during the Bidding(if the work is put out for bids)and the Construction Phases of
<br /> existing or hereinafter enacted or amended.For purposes of this Agreement,"pollution" the Project,WSN will not be responsible for,and CLIENT shag indemnify and hold WSN,its
<br /> and"pollutant"shall mean any solid,liquid,gaseous or thermal irritant or contaminant, officers,consuttant(s),subcontractor(s),employees and agents harmless from,all claims,
<br /> including smoke,vapor,soot,alkalis,chemicals and hazardous or toxic waste. damages,losses and expenses including attomeys'fees arising out of,or resulting from,any
<br /> Hazardous or toxic waste means any substance,waste pollutant or contaminant now or interpretation,clarification,substitution acceptance,shop drawing or sample approval or
<br /> hereafter included within such terms under any federal,state or local statute. modification of such documentation issued or carded out by CLIENT or others.Nothing
<br /> ordinance,code,rule or regulation now existing or hereinafter enacted or amended. contained in this paragraph shall be construed to release WSN,its officers,consultant(s),
<br /> Waste further includes materials to be recycled,reconditioned or reclaimed. subcontractor(s),employees and agents from liability for failure to perform in accordance with
<br /> professional standards any duty or responsibility which WSN has undertaken or assumed
<br /> If WSN encounters,or reasonably suspects that it has encountered,asbestos or under this Agreement.
<br /> pollution in the Project,WSN shall cease activity on the Project and promptly notify the
<br /> CLIENT,who shall proceed as set forth above.Unless otherwise specifically provided
<br /> in the Letter Agreement,the services to be provided 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 appropriate action on the contractor's submittals
<br /> identify the same within the area of the Project. or shop drawings for the limited purpose of checking for general conformance with information
<br /> given and design concept expressed in the Contract Documents. Review and/or approval of
<br /> With respect to the foregoing,CLIENT acknowledges and agrees that 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 instructions for installation or performance of equipment or
<br /> pollution which may be encountered by WSN on the Project.It is further understood systems,all of which remain the exclusive responsibility of the contractor. WSN's review
<br /> and agreed that services WSN will undertake for CLIENT may be uninsurable and/or approval shall not constitute approval of safety precautions,or any construction
<br /> obligations involving the presence or potential presence of asbestos or pollution. means,methods,techniques,sequences or procedures. WSN's approval of a specific item
<br /> Therefore,CLIENT agrees,except(1)such liability as may arise out of WSN's sole shall not indicate approval of an assembly of which the item is a component. WSN's review
<br /> negligence in the performance of services under this Agreement or(2)to the extent of and/or approval shall not relieve contractor for any deviations from the requirements of the
<br /> insurance coverage available for the claim,to hold harmless,indemnify and defend contract documents nor from the responsibility for errors or omissions on items such as sizes,
<br /> WSN and WSN's officers,subcontractor(s),employees and agents from and against dimensions,quantities,colors,or locations.Contractor shall remain solely responsible for
<br /> any and all claims,lawsuits,damages,liability and costs,including,but not limited to, compliance with any manufacturer requirements and recommendations.
<br /> costs of defense,arising out of or in any way connected with the presence,discharge,
<br /> release,or escape of asbestos or pollution.This indemnification 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 /> indemnification shall survive the termination of 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 WSN's observation of the Work and on the
<br /> 9. Provide such accounting,independent cost estimating and insurance counseling data comprising the contractors application for payment,and shall indicate that to the best of
<br /> services as may be required for the Project,such legal services as CLIENT may require WSN's knowledge,information and belief,the quantity and quality of the Work is in general
<br /> or WSN may reasonably request with regard to legal issues pertaining to the Project conformance with the Contract Documents. The issuance of a certificate for payment or
<br /> including any that may be raised by Contractor(s),such auditing service as CLIENT substantial completion is not a representation that WSN has made exhaustive or continuous
<br /> may require to ascertain how or for what purpose any Contractor has used the moneys inspections,reviewed construction means and methods,verified any back-up data provided
<br /> paid under the construction contract,and such inspection services as CLIENT may by the contractor,or ascertained how or for what purpose the contractor has used money
<br /> require to ascertain that Contractor(s)are complying with any law,rule,regulation, previously paid by CLIENT.
<br /> ordinance,code or order applicable to their furnishing and performing the work.
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