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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 /> Subconsultant's services. <br /> g. 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 /> Prime 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 /> i. Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement, <br /> Subconsultant 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 /> 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 /> 3 of 3 <br />