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Bidding <br />1.6.1 Assist the City in advertising for bids on the Project including the preparation and <br />issuance of addenda (if any) following the City's prior approval. In addition, the Engineer will <br />assist the City in conducting the pre -bid conference with potential bidders. During the pre -bid <br />conference, the Engineer will describe the scope of work; answer pertinent questions of potential <br />bidders and City staff address requests for additional information and make all necessary <br />clarifications and interpretations of the construction contract documents. <br />1.6.2 Assist the City in obtaining bids, tabulating bids, preparing bid tabulation forms, and in <br />awarding the contract for construction following the City's approval of the construction contract <br />documents and of the latest detailed final cost estimate of the Project. <br />1.6.3 Assist the City in reviewing all bids, 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 for responsiveness and for bid amount. In addition, the Engineer <br />will verify through reasonable investigation the financial and performance history documentation <br />submitted by the low bidder and second low bidder, and their references. The City will provide <br />copies of all of the bid documents to the Engineer within one calendar day from the date of <br />receipt of bids and the Engineer will prepare a report of its review and evaluation, and include a <br />written recommendation for award of the bid within ten calendar days of receipt of the bid <br />documents of the contract for construction or other action as appropriate. The City will make the <br />final decision on the award of the construction contract and the acceptance or rejection of bids. <br />The Engineer will provide technical (but not legal) advice in bid protest situations. <br />1.6.4 Have no authority to issue a Notice to Proceed to any Contractor. <br />1.6.5 Provide the City with five 11 "x17" sets of conformed construction plans; an electronic <br />copy in Acrobat PDF format; a master - design file (basemap) of all improvements in a <br />Microstation format; and all Computer -Aided Design files in Microstation. <br />Construction Administration <br />1.6.6 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 will not pursue a course of conduct which might jeopardize <br />any of the City's rights hereunder. Minor deviations from the construction contract documents <br />that do not affect the validity of performance bond(s) are permitted. <br />1.6.7 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 />Kimley Horn — Thorpe Lane Project <br />7 <br />