Res 2006-040 - Laserfiche WebLink

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I I I The City and the Engineer may agree to have the Engineer perform Bidding and Construction Administration services for the Project. The services will be governed by the provisions of this section and the compensation for the services will be defined in a Change of Services form executed by the City and the Engineer prior to the Engineer beginning bidding and construction administration work. 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: Bidding 1.4.1 Assist the City in the issuance of addenda (if any) following City's prior approval. 1.4.2 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 ofthe Project. 1.4.3 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. 1.4.4 Make a written recommendation to the City regarding award of bid; and assist the City in conducting a pre-bid conference and answer all questions of prospective or potential bidders and City's staff and make all necessary clarifications and interpretations of the construction contract documents. 1.4.5 Have no authority to issue a Notice to Proceed to any Contractor. Construction Administration 1.4.6 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 of the City's rights hereunder. Minor deviations from the construction contract documents that do not affect the validity of performance bond(s) are permitted. 1.4.7 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 authority to act on behalf of the City only to the extent provided herein and in the construction contract documents unless otherwise modified by written instrument in accordance with Section 12.1. Any instructions issued directly by City to Contractor will be promptly communicated to the Engineer 4 Byrn-Rio Vista Terrace Agreement