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technical (but not legal) advice in proposal protest situations. Both the City and the Engineer <br />assume that this Project will be procured as one Project and neither party anticipates that it will be <br />necessary to re- solicit the Project. <br />1.5.5 Have no authority to issue a Notice to Proceed to any Contractor. <br />1.5.6 Provide the City with two half size and two full size sets of conformed construction plans. <br />Provide the Contractor with three half size and two full size sets of conformed construction plans <br />at no additional cost to the City. <br />1.6 TASK 6 - CONSTRUCTION ADMINISTRATION <br />During the construction phase of this project, the Engineer will: <br />1.6.1 Administer the construction contract as set forth in the construction documents unless <br />otherwise provided in this Agreement and incorporated in the construction contract documents. <br />Engineer will not pursue a course of conduct, which might jeopardize any of the City's rights <br />hereunder. Minor deviations from the construction contract documents that do not affect the <br />validity of performance bond(s) are permitted. <br />1.6.2 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 instructions <br />necessary for the proper progress and acceptance of work; (2) jeopardy to life and/or property <br />exists; and/or (3) lack of instructions and/or unavailability of Engineer will result in, in City's <br />opinion, harm to City, in which case instructions may be forwarded directly to the Contractor by <br />the City; have authority to act on behalf of the City only to the extent provided herein and in the <br />construction contract documents unless otherwise modified by written instrument in accordance <br />with the Engineer's agreement with the City. The City will promptly advise the Engineer of any <br />instructions issued directly by City to the construction Contractor if the Engineer was unavailable <br />at the time of issuance of instructions. <br />1.6.3 Assist the City in ensuring that all applicable permits and approvals have been obtained <br />from the appropriate agencies prior to construction in accordance with the scope of work <br />1.6.4 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 schedules <br />and to identify key representatives of the parties and lines of communication. The Engineer will <br />be responsible for providing an agenda and for keeping accurate minutes of this meeting. The <br />Engineer will distribute minutes to the interested parties within five calendar days of the <br />conference. The City will arrange for the location of the meeting. <br />REP Agreement for Cross -Town Pathway Project 9/1/2015 <br />6 <br />