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2004/05/05 Council Agenda Packet
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2004/05/05 Council Agenda Packet
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Council Agenda Packet
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5/5/2004
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7 <br /> insurance. The City will not be responsible to Brown&CaldweIl for monitoring compliance by <br /> the construction contractor; Brown&Caldwell will be responsible for monitoring whether the <br /> construction contractor complies with the requirement. <br /> B. Brown & Caldwell's Opinion of Costs. This section shall apply if the Scope of Work <br /> requires Brown&Caldwell to provide opinions of cost, financial analyses,economic feasibility <br /> projections, and schedules for the Project. City acknowledges that construction cost estimates, <br /> financial analyses and feasibility projections are subject to many influences including,but not <br /> limited to,price of labor and materials,unknown or latent conditions of existing equipment or <br /> structures, and time or quality of performance by third parties. City acknowledges that such <br /> influences may not be precisely forecasted and are beyond the control of Brown&Caldwell and <br /> that actual costs incurred may vary substantially from the estimates prepared by Brown & <br /> Caldwell. Although Brown& Caldwell does not warrant or guarantee the accuracy of <br /> construction or development cost estimates,Brown&Caldwell promises that it will prepare any <br /> and all cost estimates consistent with good engineering practices. <br /> C. Brown & Caldwell Personnel at Job Site. Unless otherwise explicitly provided in the <br /> Scope of Work,the presence or duties of Brown & Caldwell's personnel at a construction site do <br /> not make Brown & Caldwell or Brown&Caldwell's personnel in any way responsible for those <br /> duties that belong to City with respect to the construction,repair or maintenance of any public <br /> work. Brown&Caldwell shall not be responsible for any duties or responsibilities normally <br /> performed by construction contractors or other entities. Brown& Caldwell shall not direct a <br /> construction contractor on a City public works project with respect to construction methods, <br /> means,techniques, sequences, and procedures, including(a)those necessary for coordinating and <br /> completing all portions of the construction work in accordance with the construction Contract <br /> Documents and(b).any health or safety precautions required by such construction work. If <br /> Brown &Caldwell is explicitly authorized to act as the City's representative on a public works <br /> project,Brown & Caldwell may suggest solutions to problems when asked by the construction - <br /> contractor,but shall explicitly tell the construction contractor that such solution is a suggestion <br /> only and that the construction contractor remains responsible for the means,methods,techniques <br /> and sequence. <br /> D. Shop Drawing and Submittal Review. If required by Brown&Caldwell's Scope of <br /> Services,Brown &Caldwell shall review shop drawings or other contractor submittals promptly <br /> and respond within the time required by contract between the City and its construction <br /> contractor. Brown & Caldwell shall use good engineering practices to review the submittals or <br /> shop drawings for general conformance with the intent of the contract documents. Except to the <br /> extent required by good engineering or customary practice of the industry,Brown &Caldwell <br /> shall not be required to verify dimensions or to engineer construction contractor's shop drawings <br /> or submittals,nor to coordinate shop drawings or other submittals with other shop drawings or <br /> submittals provided by construction contractor. <br /> E. Record Drawings. Record drawings, if required,will be prepared, in part, on the basis <br /> of information compiled and furnished by others. Because Brown &Caldwell will not normally <br /> independently verify that information,the record drawings may not always represent the exact <br /> 9 <br /> 40 <br />
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