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<br /> .5' :i V <br /> -4- <br /> bidders, lists of bidders' proposed subcontractors, and all other <br /> documents required to be submitted with the bids; will make a written <br /> recommendation to CITY regarding award of bid; and will conduct a <br /> pre-bid conference and answer all questions of prospective or potential <br /> bidders and CITY's staff and make all necessary clarifications and <br /> interpretations of the construction contract documents. However, <br /> ENGINEER will have no authority to issue a Notice To Proceed to any <br /> Contractor. <br /> 1.6 PHASE 6 - CONSTRUCTION ADMINISTRATION <br /> The Construction Administration Phase will commence with the award <br /> - of the construction contract and will terminate when that phase of the <br /> Project is accepted by the CITY. The ENGINEER will: <br /> 1. 6.1 Unless otherwise provided in this Agreement and incorporated <br /> in the construction contract documents, provide administration of the <br /> construction contract as set forth herein and in the construction <br /> contract documents approved by the CITY; and provide administration of <br /> the contract for construction in strict adherence with the construction <br /> contract documents. ENGINEER will not pursue a course of conduct which <br /> might jeopardize any of the CITY's rights thereunder. Minor deviations <br /> from the construction contract documents that do not affect the <br /> validity of performance bond(s) are permitted. <br /> 1. 6.2 Be a representative but not an agent of the CITY during the <br /> construction phase! and will advise and consult with the CITY and <br /> provide progress reports and advice to the CITY in writing; forward the <br /> CITY's instructions to the Contractor, unless (1) ENGINEER is <br /> unavailable by telephonic communication or otherwise to issue <br /> instructions necessary for the proper progress and acceptance of work; <br /> (2) jeopardy to life and/or property exists; and/or (3) lack of <br /> instructions and/or unavailability of ENGINEER will result in, in <br /> CITY's opinion, harm to CITY, in which case instructions may be <br /> forwarded directly to the Contractor by CITY; Have authority to act on <br /> oehalf of the CITY only to the extent provided herein and in the <br /> ::onstruction contract documents unless, otherwise modified by written <br /> instrument in accordance with Section 11.1. Any instructions issued <br /> directly by CITY to Contractor will be promptly communicated to the <br /> ENGINEER if the ENGINEER was unavailable at the time of issuance of <br /> instructions. <br /> 1. 6.3 Conduct a pre-construction conference with the Contractor and <br /> members of CITY's staff, to establish construction schedules and to <br /> identify key representatives of the parties and lines of communication; <br /> and attend a meeting with property owners/tenants adjacent to the <br /> Project site to discuss construction sequencing. <br /> 1.6.4 Make on-site observations of the Project at least once per <br /> week to ensure familiarity with the progress and quality of the work, <br /> to determine if the work is proceeding in acceptable conformance with <br /> the construction contract documents, and to review the work with the <br /> CITY's designated representative. On the basis of such on-site <br /> observations by the ENGINEER, the ENGINEER will keep the CITY informed <br /> of the progress and quality of the work through written field reports <br /> and weekly meetings with the CITY's representative. The ENGINEER will <br /> also be reasonably available to perform site visitations at the <br />