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documents and of the latest detailed final cost estimate of the Project. <br />1.7.9 Assist the City in reviewing the Statement of Bidder's Qualifications, financial <br />statements of bidders, lists of bidders' proposed subcontractors, and all other documents required <br />to be submitted with the bids. <br />1.7.10 Make a written recommendation to the City regarding award of bid; and assist the City in <br />conducting apre-bid conference and answer all questions of prospective or potential bidders and <br />City's staff and make all necessary clarifications and interpretations of the construction contract <br />documents. <br />1.7.11 Have no authority to issue a "Notice to Proceed" to any Contractor. <br />Construction Administration <br />1.7.12 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. The Engineer is responsible for overseeing all construction operations, <br />including ensuring that all environmental permits, issues, coordination, mitigation, and <br />commitments are adequately addressed. Minor deviations from the construction contract <br />documents that do not affect the validity of performance bond(s) are permitted. The Engineer <br />will not authorize any contract revision without the prior written approval of the City if it will <br />affect prior environmental approvals, significantly revise the scope of the Project or the <br />geometric design, or change the cost to the City. The Engineer will not pursue a course of <br />conduct which might jeopardize any of the City's rights hereunder. <br />1.7.13 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; forward <br />the City's instructions to the Contractor unless (1) Engineer is unavailable by telephonic <br />communication or otherwise to issue instructions necessary for the proper progress and <br />acceptance of work; (2) jeopardy to life and/or property exists; and/or (3) lack of instructions <br />and/or unavailability of Engineer will result in, in City's opinion, harm to City, in which case <br />instructions may be forwarded directly to the Contractor by the City; have authority to act on <br />behalf of the City only to the extent provided herein and in the construction contract documents <br />unless otherwise modified by written instrument in accordance with Section 12.1 of this <br />Agreement. Any instructions issued directly by City to Contractor will be promptly <br />communicated to the Engineer if the Engineer was unavailable at the time of issuance of <br />instructions. <br />1.7.14 Assist the City in conducting apre-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. <br />1.7.15 Assist the City in ensuring that all applicable permits and approvals have been obtained <br />KBR McCarty Agreement 2008 <br />g <br />