Res 1996-054 - Laserfiche WebLink

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I " .,. L¡6ß (e) File TxDOT permit. - (f) 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. 1.2.6 Bidding Following the CITY's approval of the construction contract documents and of the latest detailed final cost estimate of the Project, the ENGINEER will assist the CITY in obtaining bids, tabulating, bids, and in awarding the contract for construction; will 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; will 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; will make. a written recommendation to the CITY regarding award of bid; and will, with the CITY's assistance, conduct 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. However, ENGINEER will have no authority to issue a Notice to Proceed to any Contractor. 1.3 PHASE 2 - CONSTRUCTION ADMINISTRATION ~ The Construction Phase of the Project will commence with the award of the construction contract and will terminate when the Project is accepted by the CITY. The ENGINEER will: 1.3.1 Unless otherwise provided in this Agreement and incorporated in the construction contract documents, provide administration of the construction contract as set forth in this Agreement and in the construction contract documents. ENGINEER will not pursue a course of conduct which might jeopardize any of the CITY's rights thereunder. Minor deviations from the construction contract documents that do not affect the validity of - performance bond(s) are permitted. 1.3.2 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 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 11.1 Any instructions issued directly by CITY to Contractor will be promptly communicated to the ENGINEER if the ENGINEER was unavailable at the time of issuance of instructions.