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05-22-2019 Council Packet
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05-22-2019 Council Packet
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Page 6 <br />during the term of this Agreement. <br /> <br />The CONSULT ANT shall provide CLIENT with certificates of insurance, showing evidence of <br />required coverages. <br /> <br />E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST <br /> <br />Where provided by the CONSULT ANT as part of Exhibit I or otherwise, opinions or estimates of <br />construction cost will generally be based upon public construction cost information. Since the <br />CONSULT ANT has no control over the cost of labor, materials, competitive bidding process, <br />weather conditions and other factors affecting the cost of construction, all cost estimates are opinions <br />for general information of the CLIENT and the CONSULT ANT does not warrant or guarantee the <br />accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project <br />financing should be based upon contracted construction costs with appropriate contingencies. <br /> <br />F. CONSTRUCTION SERVICES <br /> <br />It is agreed that the CONSULT ANT and its representatives shall not be responsible for the means, <br />methods , techniques, schedules or procedures of construction selected by the contractor or the safety <br />precautions or programs incident to the work of the contractor. <br /> <br />G. USE OF ELECTRONIC/DIGITAL DATA <br /> <br />Because of the potential instability of electronic /digital data and susceptibility to unauthorized <br />changes, copies of documents that may be relied upon by CLIENT are limited to the printed <br />copies (also known as hard copies) that are signed or sealed by CONSULT ANT. Except for <br />electronic /digital data which is specifically identified as a project deliverable by this <br />AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all <br />electronic/digital data developed by the CONSULT ANT as part of the CONSULTANTS <br />services are acknowledged to be an internal working document for the CONSULTANT'S <br />purposes solely and any such information provided to the CLIENT shall be on an "AS IS" basis <br />strictly for the convenience of the CLIENT without any warranties of any kind. As such, the <br />CLIENT is advised and acknowledges that use of such information may require substantial <br />modification and independent verification by the CLIENT (or its designees). Provision of <br />electronic/digital data, whether required by this Agreement or provided as a convenience to the <br />Client, does not include any license of software or other systems necessary to read, use or <br />reproduce the information. It is the responsibility of the CLIENT to verify compatibility with <br />its system and long- term stability of media. CLIENT shall indemnify and hold harmless <br />CONSULT ANT and its Subconsultants from all claims, damages, losses, and expenses, <br />including attorneys' fees arising out of or resulting from third party use or any adaptation or <br />distribution of electronic /digital data provided under this AGREEMENT, unless such third <br />party use and adaptation or distribution is explicitly authorized by this AGREEMENT or <br />subsequent agreement(s). <br /> <br />H. REUSE OF DOCUMENTS <br /> <br />Drawings and Specifications and all other documents (including electronic and digital versions of <br />any documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are <br />instruments of service in respect to the Project and CONSULTANT shall retain an ownership <br />interest therein. Upon payment of all fees owed to the CONSULTANT, the CLIENT shall
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