19-DELIBERATE/ACT ON RES APPROVING PROFESSIONAL SERVICES CONTRACT WITH HAYTER ENG FOR $172,972.

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2.4 Biddin 2.4.1 Assist CITY in advertising for bids for a sin le prime contract for the Work. 2.4.2 Prepare addenda as appropriate to interpret, clarify or expand the Bidding Documents. 2.4.3 Attend the bid opening, prepare bid tabulation sheets, and recommend an award if deemed appropriate. 2.5 Construction Phase - Construction Phase Services shall be paid for per paragraph 3(b) herein. 2.5.1 ENGINEER shall consult, advise, and act as CITY'S representative as provided in the construction contract. All of CITY'S instructions to CONTRACTOR will be issued through ENGINEER who will have authority to act on behalf of CITY to the extent provided in said construction contract. 2.5.2 In connection with observations of the work of CONTRACTOR while it is in progress: 2.5.2.1 ENGINEER shall make visits to the site at intervals ENGINEER deems necessary, in order to observe the progress and quality of the CONTRACTOR'S work. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general, if such work is proceeding in accordance with the contract documents. 2.5.2.2 If requested by CITY or recommended by ENGINEER and agreed to in writing by CITY, an on-site observer will be furnished, to act as directed by ENGINEER in order to assist ENGINEER in observing performance of the work. Such services will be paid for as per Section 3b. The duties and responsibilities and the limitations on the authority of the on- site observer will be set forth in a separate exhibit which is to be made a part of this Agreement before such services begin. 2.5.2.3 ENGINEER'S visits to, and representation by the on-site observer at the site, will enable ENGINEER to better carry out the duties and responsibilities assigned to ENGINEER during the Construction Phase, and, by exercise of ENGINEER'S efforts as an experienced and qualified design professional, provide CITY a greater degree of confidence that the completed work of CONTRACTOR will conform generally to the contract documents. ENGINEER shall not, however, during such visits or as a result of such observations, supervise, direct or have control over CONTRACTOR'S work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by CONTRACTOR or for safety precautions and programs incident to the work, or for any failure of CONTRACTOR to comply with laws, regulations, codes or orders applicable to CONTRACTOR' S work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by CONTRACTOR, nor assume responsibility for CONTRACTOR'S failure to furnish and 6 L 4 - 84 .l.