|
jamage insurance policies wluch the co struction contrac-
<br />tor(s) for the Project [Contractor] shall be required to
<br />provide. All contracts between the Client and Contractor for
<br />the Project shall require the Contrador to indemnify and
<br />hold the Client and Malcolm Pirnie harmless from any and
<br />all legai actions and liabilities arising out of the construction
<br />of the Project including, but not limited to, injury to or death
<br />of any person or injury or destruction of tangible property,
<br />not caused by the sole negligence of the party to be indemni-
<br />fied.
<br />1.7 Subcontractors. Any subcontradors and outside
<br />associates or consultants to be engaged by Malcolm Pirnie
<br />under this Agreement aze limited to those identified in
<br />Schedules A and B, or as the Client specifically approves
<br />during the performance of this Agreement.
<br />1.8 Hazardous Wastes. Client represents that the Projed
<br />does not contemplate the performance of services, profes-
<br />sional or otherwise, related to hazardous or toxic wastes,
<br />material, or substances and other pollutants. Malcolm Pirnie
<br />shall not be responsible for and, to the fullest extent permit-
<br />ted by law, shall be held harmless from all costs and other
<br />liabilities arising from the presence in or about the Projed
<br />of hazardous or toxic wastes, material or substances and
<br />other pollutants, whether or not designated as such by law or
<br />regulation.
<br />1.9 Construction Phase Servlces. Malcolm Pirnie shall
<br />provide construction phase services in accordance with
<br />Schedule A and act a the Client's representative at the Site
<br />in accordance with the General Conditions of the Contract
<br />Documents as modified by Schedule D.
<br />In the event the construction phase services are provided by
<br />another party, Malcolm Pirnie shall not be responsible for
<br />and Client shall indemnifiy Malcolm Pirnie and Malcolm
<br />Pirnie's consultants harmless from all claims, damages, losses
<br />and expenses, including attorneys' fees arising out of, or
<br />resulting from, any interprea6on, clarification, subsdtution,
<br />acceptance, shop drawing or sample approval or modifica-
<br />tions of such documentation issued or carried out by Client
<br />or others or construction observation carried out by others.
<br />Nothing contained in this paragraph shall be construed to
<br />release Malcolm Pirnie or Malcolm Pirnie's consultants from
<br />liability for failure to perform in accordance with profession-
<br />al standards any duty or responsibility which Malcolm Pirnie
<br />has undertaken or assumed under this Agreement.
<br />SECTION 2 - ADDITIONAL SERVICES
<br />2.1 Scope. Malcolm Pirnie will provide the Additional
<br />Services described in Schedule B when authorized in writing
<br />by the Client.
<br />.., __,.?,,. ...?.. ?...,... ? ... .
<br />SECITON 3- CL EN1"S RESPONSIBILITIES
<br />Unless stated othervvise in Section 8, the Client shall do the
<br />following in a timely manner:
<br />3.1 Client's Representative. Designate a representative
<br />having authority to give instructions, receive information,
<br />define Client's policies, and make decisions with respect to
<br />the Projed.
<br />32 Project Criteria. Provide all criteria and information as
<br />to ClienYs requirements for the Project, including design
<br />objectives and constraints, space, capacity and performance
<br />requirements, and any budgetary limitations. Furnish copies
<br />of all design aad construction standards which Client will
<br />require to be included in the Service Instruments.
<br />33 Data. Provide all available information, including previ-
<br />ous reports and any other data in the possession of the
<br />Client relevant to design or construction of the Projed.
<br />These data may include (1) data prepared by others,
<br />including borings, subsurface explorations, hydrograpluc sur-
<br />veys, and laboratory tests and inspections of samples, materi-
<br />als and equipment, (2) appropriate professional interpreta-
<br />tions of such data, (3) environmental assessments and impact
<br />statements, (4) property, boundary, easement, right-of-way,
<br />topograpluc and utility surveys, (S) property descriptions,
<br />zoning, deed and other land use restrictions, and (6) other
<br />necessary special data or consultations. Malcolm Pirnie may
<br />rely on the accuracy and completeness of the supplied data.
<br />3.4 Surveys. Provide engineering surveys to define con-
<br />struction reference points to enable Contractor to lay out
<br />Project construction.
<br />3.5 Access. Arrange for Malcolm Pirnie to enter upon
<br />public and private property as necessary. :
<br />3.6 Review. Examine the Service Instruments and obtain
<br />the advice of attomeys, insurance counselors or other consul-
<br />tants as Client thinks appropriate. Render written decisions
<br />concerning the Service Instruments within a reasonable time.
<br />3.7 Permits. Furnish approvals and permits from govem-
<br />mental authori6es and other en66es having jurisdiction over
<br />the Projed and approvals from others as may be necessary
<br />for the timely completion of the Project.
<br />3.8 Expert Advfice. Provide legal, accounting, insurance or
<br />other necessary advisory services for the Projed.
<br />3.9 Site Representative. If Client designates a person other
<br />than Malcolm Pirnie to represent Client at the Site, specify
<br />the duties, responsi'bilities and limitations of authority of
<br />such other person and the effect on Malcolm Pirnie's duties
<br />and responsibilities in a schedule attached to this Agreement.
<br />NODFS.C/djl
<br />1943-003
|