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by the low bidder and second low bidder, and their references. The City will provide copies of <br />all of the bid documents to the Engineer within one day from the date of receipt of bids and the <br />Engineer will prepare a report of its review and evaluation, and include a written <br />recommendation for award within ten calendar days of receipt of the bid documents of the <br />contract for construction, or other action as may be appropriate. The City will make the final <br />decision on the award of the construction contract and the acceptance or rejection of bids. The <br />Engineer will provide technical (but not legal) advice in bid protest situations. It is assumed that <br />this Project will be bid as one Project and neither party anticipates that it will be necessary to re- <br />bid the Project. <br />1.4.5 Have no authority to issue a Notice to Proceed to any Contractor. <br />1.4.6 Provide the City with two half size and <br />plans. Provide the Contractor with three half <br />construction plans at no additional cost to the City. <br />two full size sets of conformed construction <br />size and two full size sets of conformed <br />Construction Administration <br />1.4.7 Provide administration of the construction contract as set forth in the construction <br />documents unless otherwise provided in this Agreement and incorporated in the construction <br />contract documents. Engineer will not pursue a course of conduct which might jeopardize any <br />of the City's rights hereunder. Minor deviations from the construction contract documents that <br />do not affect the validity of performance bond(s) are permitted. <br />1.4.8 Be a representative but not an agent of the City during the construction phase, and advise <br />and consult with the City and provide progress reports and advice to the City in writing; serve as <br />the City's direct contact with the Contractor and forward the City's instructions to the Contractor <br />unless (1) Engineer is unavailable by telephonic communication or otherwise to issue <br />instructions necessary for the proper progress and acceptance of work; (2) jeopardy to life and/or <br />property exists; and/or (3) lack of instructions and/or unavailability of Engineer will result in, in <br />City's opinion, harm to City, in which case instructions may be forwarded directly to the <br />Contractor by the City; have authority to act on behalf of the City only to the extent provided <br />herein and in the construction contract documents unless otherwise modified by written <br />instrument in accordance with Section 12.1. Any instructions issued directly by City to <br />Contractor will be promptly communicated to the Engineer if the Engineer was unavailable at the <br />time of issuance of instructions. <br />1.4.9 Assist the City in conducting a pre-construction conference with the Contractor, members <br />of City's staff, representatives of affected utility providers, and federal and state agencies having <br />jurisdiction over the Project (including City inspectors) in order to establish construction <br />schedules and to identify key representatives of the parties and lines of communication. The <br />Engineer will be responsible for providing an agenda and for keeping accurate minutes of this <br />meeting. The Engineer will distribute minutes to the interested parties within five calendar days <br />of the conference. The City will make arrangements for the location of the meeting. <br />1.4. 10 Make on-site inspections of the Project at least twice monthly to ensure familiarity with