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KBA, Inc. September 26, 2024 <br />S:\Projects\Contracts\Client\Everett\BP-24-092-01 - Everett PGSF\Negotiations\KBA-SCOPE PGSF Plant_Rev1.docx <br /> 7 of 7 <br /> <br />j. Development of construction schedules and/or sequencing, and/or reviewing and <br />commenting on contractor’s schedules, is for the purpose of estimating number of days to <br />complete a project, for identifying potential schedule and coordination challenges , and <br />determining compliance with the construction contract. It is not a guarantee that a <br />construction contractor will complete the Project in that sequence or timeline, as means <br />and methods are the responsibility of the construction contractor. <br />k. Consultant 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 Consultant 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 />l. If Consultant provides Value Analysis or Value Engineering services, it is understood that <br />any ideas, advice, or recommendations generated by the Consultant are made based <br />only on the information presented to them, and need engineering analysis by the <br />Designer to verify; Consultant is not responsible for the final design product. <br />m. Client agrees to include a statement in the construction Bid Documents for this Project, <br />requiring construction contractor to name KBA, Inc. as an additional insured via <br />endorsement to the contractor’s commercial general liability and automobile insurance <br />policies. <br />n. RCW 4.24.115 is applicable to Consultant’s services provided under this Agreement. <br />o. Consultant’s insurance carrier provides coverage on ISO equivalent endorsement forms. <br />p. Services provided by the Consultant under this Agreement will be performed in a manner <br />consistent with that degree of care and skill ordinarily exercised by members of the same <br />profession currently practicing under similar circumstances, in the same geogra phical <br />area and time period. <br />q. 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. Consultant makes no warranties, <br />guarantees, express or implied, under this Agreement or otherwise in connection with <br />Consultant’s services. <br />r. Client agrees that Consultant 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 Consultant’s <br />knowledge. <br />s. Consultant will not be liable for any damage to the field office premises or utilities <br />provided by Client, unless caused by Consultant’s own negligence. <br />II. 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 Supplement to this Agreement <br />is executed, specifying scope of services and budget. <br /> <br />