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1.3.11 Ensure that no reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Engineer. 1.3.12 Obtain approval from the City of all technical plans and specifications necessary for successful completion of the Project prior to allowing the construction contract to be let for bid. 1.3.13 Assist the City in the distribution of the bid documents to prospective bidders and to plan rooms and the issuance of addenda (if any) following City's prior approval. 1.3.14 Assist the City in obtaining bids, tabulating bids, preparing bid tabulation forms, and in awarding the contract for construction following the City's approval of the construction contract documents and of the latest detailed final cost estimate of the Project. 1.3.15 Assist the City in reviewing the Statement of Bidder's Qualifications, financial statements of bidders, lists of bidders' proposed subcontractors, and all other documents required to be submitted with the bids. 1.3.16 Make a written recommendation to the City regarding award of bid; attend the pre- bid conference and assist the City in answering all questions of prospective or potential bidders and City's staff and make all necessary clarifications and interpretations of the construction contract documents. 1.3.17 Have no authority to issue a Notice to Proceed to any Contractor. 1.4 PHASE 3 - CONSTRUCTION ADMINISTRATION The Construction phase of this Project will commence with the award of the construction contract and will terminate when the Project is accepted by the City. The Engineer will: 1.4.1 Provide administration of the construction contract as set forth in the construction documents unless otherwise provided in this Agreement and incorporated in the construction contract documents. Engineer will not pursue a course of conduct which might jeopardize any ofthe City's rights thereunder. Minor deviations from the construction contract documents that do not affect the validity of performance bond(s) are permitted. 1.4.2 Be a representative but not an agent of the City during the construction phase, and advise and consult with the City and provide progress reports and advice to the City in writing; forward the City's instructions to the Contractor unless (1) Engineer is unavailable by telephonic communication or otherwise to issue instructions necessary for the proper progress and acceptance of work; (2) jeopardy to life and/or property exists; and/or (3) lack of instructions and/or unavailability of Engineer will result in, in City's opinion, harm to City, in which case instructions may be forwarded directly to the Contractor by the City; have Dannenbaum2.wpd 5