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3. Evaluate bids and assemble Contract Documents and recommend to CITY award of <br />Contracts, and participate in presentation to CITY Board and other appropriate authorities as <br />necessary. <br />G. Engineering Services During Construction Phase <br />During Construction Phase, ENGINEER shall perform the following services by the ENGINEER' s <br />design office staff and qualified design professionals: <br />1. Consult with and advise CITY and act as its representative. All of CITY' s instructions to <br />Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of <br />CITY except as otherwise provided in writing. <br />2. Make periodic visits to the site to observe as an experienced and qualified design professional <br />the progress and quality of the executed work and to determine, in general, if the work is <br />proceeding in accordance with the Contract Documents. ENGINEER shall not be required to <br />make exhaustive or continuous on-site inspections to check the quality or quantity of such <br />work unless provided for in the Work Order. ENGINEER shall not be responsible for the <br />means, methods, techniques, sequences or procedures of construction selected by <br />Contractor(s) or the safety precautions and programs incident to the work of Contractor(s) <br />during such visits and keep CITY informed of the progress of the work, shall endeavor to <br />guard CITY against defects and deficiencies in the work of Contractor(s), disapprove or <br />reject work as failing to conform to the Contract Documents, and endeavor to achieve <br />expeditious correction of such deficiencies. <br />3. Review and approve Shop Drawings and samples, the results of tests and inspections and <br />other data which any Contractor is required to submit, for conformance with the design <br />concept and operational requirements of each Project and compliance with the information <br />given in the Contract Documents; determine the acceptability of substitute materials and <br />equipment proposed by Contractor(s); and receive and review (for general content as required <br />by the Specifications) maintenance and operating instructions, schedules, guarantees, bonds <br />and certificates of inspection which are to be assembled by Contractor(s) in accordance with <br />the Contract Documents. <br />4. Issue all instructions of CITY to Contractor(s); prepare routine change orders as required; <br />ENGINEER may, as the CITY' s representative, require special inspection or testing of the <br />work; act as interpreter of the requirements of the Contract Documents and judge the <br />performance thereunder by the parties thereto; make decisions on all claims of CITY and <br />Contractor(s) relating to the execution and progress of the work, and all other matters and <br />questions related thereto; but ENGINEER shall not be liable for the results of any such <br />interpretations or decisions rendered by it as a result of erroneous or incomplete information <br />or data provided to it by the CITY. <br />5. Whenever the CITY gives written notice of defects and deficiencies in any Project, as <br />provided in Article 3-I, the ENGINEER shall endeavor to achieve expeditious correction of <br />such defects and/or deficiencies. <br />6. Based on ENGINEER' s on-site observations as an experienced and qualified design <br />professional, input from the Project Representative(s) and its review of Contractor(s)' <br />application for payment and the accompanying data and schedules, determine the amounts <br />owing to Contractor(s) and approve in writing payments to Contract(s) in such amounts; such <br />Continuing Service Contract 1.27.15 4