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KBA, Inc. 3/24/21 <br />a. Constructability Review of design documents will be for constructability, for general <br />conformance with the design concept, and for contradictions and inconsistencies <br />between the various parts of the design documents. This review will not include review of <br />the accuracy or completeness of details, such as quantities, dimensions, weights, <br />gauges, or fabrication processes; and will not include quantity takeoffs. <br />b. Any opinions of probable construction cost provided by the Subconsultant will be on the <br />basis of experience and professional judgment. However, since Subconsultant has no <br />control over competitive bidding or market conditions the Subconsultant cannot and does <br />not warrant that bids or ultimate construction costs will not vary from these opinions of <br />probable construction costs. <br />c. Subconsultant is not responsible for any costs, claims or judgments arising from or in any <br />way connected with errors, omissions, conflicts or ambiguities in the Contract Documents <br />prepared by others. The Subconsultant does not have responsibility for the professional <br />quality or technical adequacy or accuracy of the design plans or specifications, nor for <br />their timely completion by others. <br />d. RCW 4.24 115 is applicable to Subconsultant's services provided under this Agreement. <br />e. Services provided by the Subconsultant under this Agreement will be performed in a <br />manner consistent with that degree of care and skill ordinarily exercised by members of <br />the same profession currently practicing under similar circumstances, in the same <br />geographical area and time period. <br />f. Nothing in the Agreement is intended to create, nor shall it be construed to create, a <br />fiduciary duty owed by either party to the other. Subconsultant makes no warranties, <br />guarantees, express or implied, under this Agreement or otherwise in connection with <br />S ubconsultant's services. <br />Client agrees that Subconsultant will not be held liable for the completeness, correctness, <br />readability, or compatibility of any electronic media submitted to Client, after an <br />acceptance period of 30 days after delivery of the electronic files, because data stored on <br />electronic media can deteriorate undetected or can be modified without Subconsultant's <br />knowledge. <br />h. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, <br />P rime Consultant shall maintain a log documenting the following: the State's Confidential <br />Information received in the performance of this AGREEMENT; the purpose(s) for which <br />the State's Confidential Information was received; who received, maintained and used <br />the State's Confidential Information; and the final disposition of the State's Confidential <br />Information <br />g. <br />Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement, <br />S ubconsultant will perform services under the following assumptions and such <br />assumptions are assumed acceptable to the Client and the Owner The Client and/or the <br />Owner will identify each and any item considered to be "State's Confidential Information" <br />as "confidential', as detailed below. Any information received by Subconsultant that is <br />not so labeled, will be assumed by Subconsultant to not be "State's Confidential <br />Information'. Subconsultant will return all items pre -identified as State's Confidential <br />Information, to the Client, and will not be required to take any other steps to protect that <br />information. <br />I. OPTIONAL SERVICES <br />All services not detailed above, are considered Optional Services, which, along with any other Extra Work <br />requested by the Client will be performed only when a mutually negotiated Amendment to this <br />Agreement is executed specifying scope of services and budget. <br />3of3 <br />