12142011 Regular Meeting - Laserfiche WebLink

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Within ten calendar days of receiving the bid documents from the City, the Consultant will prepare a report of its review and evaluation, and include a written recommendation to the City for award of the contract, or other action as may be appropriate. The City will make the final decision on the award of the contract and the acceptance or rejection of bids. The Consultant will provide technical (but not legal) advice in bid protest situations. Both the City and the Consultant assume that this Project will be bid as one Project and neither party anticipates that it will be necessary to re -bid the Project. (5) Have no authority to issue a Notice to Proceed to any Contractor. b. Implementation Services During the implementation of these projects, the Consultant will: (1) Administer the contract(s) as set forth in the contract documents unless otherwise provided in this Agreement and incorporated in the contract documents. Consultant will not pursue a course of conduct, which might jeopardize any of the City's rights hereunder. Minor deviations from the contract documents that do not affect the validity of performance bond(s) are permitted. (2) Be a representative but not an agent of the City during the implementation phase, and advise and consult with the City and provide progress reports and advice to the City in writing; serve as the City's direct contact with the Contractor and forward the City's instructions to the Contractor unless (1) Consultant 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 Consultant will result in, in City's opinion, hann to City, in which case instructions may be forwarded directly to the Contractor by the City; have authority to act on behalf of the City only to the extent provided herein and in the contract documents unless otherwise modified by written instrument in accordance with the Consultant's agreement with the City. The City will promptly advise the Consultant of any instructions issued directly by City to the Contractor if the Consultant was unavailable at the time of issuance of instructions. (3) Assist the City in ensuring that all applicable pen-nits and approvals have been obtained from the appropriate agencies prior to implementation in accordance with the scope of work (4) Assist the City by attending a pre - construction, conference, if applicable, with the Contractor, members of City's staff, representatives of affected utility providers, and federal and state agencies having jurisdiction over the Project (including City inspectors) in order to establish construction schedules and to identify key representatives of the parties and lines of communication. The Consultant will be responsible for providing an agenda and for keeping accurate minutes of this 3