That language is closer to the statute with the use of the word “supervision.” My thought would be to remove the reference to the Project Construction Manager and leave the supervision to the Engineer: Further, the Project Construction Engineer shall supervise the engineering construction of the said Phase 1B of the Phase I Infrastructure, Phase 1C of the Phase I Infrastructure, and Phase 1D of the Phase I Infrastructure and consult with the City staff members and UDR regarding same as contemplated above. The work and services of the Project Construction Engineer includes the work and services set forth in Exhibit B attached hereto and incorporated herein. ________________________________ From: Lea Dunn [mailto:ldunn@addisontx.gov] Sent: Wednesday, March 10, 2010 4:27 PM To: Nancy Cline; Clay Barnett; Carmen Moran Cc: John Hill Subject: FW: How are you doing on the language we discussed yesterday? All: Please see Tom’s suggested wording and let me know what you think. Thanks, Lea Lea Dunn Deputy City Manager 972-450-7037 ldunn@addisontx.gov -----Original Message----- From: Tom Lamberth [mailto:TLamberth@udr.com] Sent: Wednesday, March 10, 2010 4:26 PM To: Lea Dunn Subject: RE: How are you doing on the language we discussed yesterday? Lea- Given the input I received, if the wording were “Engineer shall assist the Project Construction Manager in the supervision of the engineering construction” we could live with that. Hope that works for you guys. Thanks. ________________________________ From: Lea Dunn [mailto:ldunn@addisontx.gov] Sent: Wednesday, March 10, 2010 3:51 PM To: Tom Lamberth Subject: FW: How are you doing on the language we discussed yesterday? Lea Dunn Deputy City Manager 972-450-7037 ldunn@addisontx.gov -----Original Message----- From: Nancy Cline Sent: Wednesday, March 10, 2010 1:43 PM To: Lea Dunn Cc: Clay Barnett; Carmen Moran Subject: RE: How are you doing on the language we discussed yesterday? Lea, The contract looks acceptable except the wording on page 5 of 12 should state “Further, the Project Construction Engineer shall directly supervise the engineering construction of the said Phase 1B of the Phase I Infrastructure, Phase 1C of the Phase I Infrastructure, and Phase 1D of the Phase I Infrastructure and consult with the City staff members and UDR regarding same as contemplated above.” If UDR is not going to be responsible for the direct supervision of the construction, then the Town will need to be. If the Town is responsible, then we will need a funding mechanism to pay for it. Thank you, Nancy Cline -----Original Message----- From: Lea Dunn Sent: Wednesday, March 10, 2010 11:04 AM To: Clay Barnett; Nancy Cline; Carmen Moran Subject: FW: How are you doing on the language we discussed yesterday? All: Please let me know your thoughts. Thanks, Lea Lea Dunn Deputy City Manager 972-450-7037 ldunn@addisontx.gov -----Original Message----- From: Tom Lamberth [mailto:TLamberth@udr.com] Sent: Wednesday, March 10, 2010 10:32 AM To: Lea Dunn Subject: FW: How are you doing on the language we discussed yesterday? Lea- Take a look at the revised language relative to the civil engineer and their proposed scope of work. Leonard is working on the same issue with the construction services agreement and I will forward it over when I get it. Thanks. ****************************************************************************************************************** This e-mail and any files or attachments transmitted with it contains Information that is confidential and privileged. This document may contain Protected Health Information (PHI) or other information that is intended only for the use of the individual(s) and entity(ies) to whom it is addressed. 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