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21-AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH HAYTER ENG TO PROVIDE ENGINEERING DEISGN AND RELATED SERVICES FOR CERTAIN STREET PROJECTSItem No. 21 memo�andum TO: City Council John Godwin, City Manager FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development SUBJECT: PROFESSIONAL SERVICES CONTRACT WITH HAYTER ENGINEERING, INC. DATE: 1-22-2013 BACKGROLJND: The City of Paris has been replacing sidewalks in downtown Paris over the past few years with grant money from the state. The City of Paris proposed to replace sidewalks on both sides of Bonham St. between 1 st St and 2nd St. The City Council authorized an application at the September 24, 2012 meeting for a Texas Capital Fund Main Street grant to replace sidewalks, but the City was not awarded the grant. The Capital Improvement Program has given the City the opportunity to fund this project and include a few more problem areas. This proposed project will replace sidewalks on both side of Bonham St. between lst St and 2°d St. with the exception of two basement areas. It will also include a portion of sidewalks in front of the YWCA on Lamar Ave. and a section of sidewalk on Grand Ave in front of the Salvation a�y. STATUS OF ISSUE: This contract is for the design of the sidewalks, electrical and drainage. The design will incorporate plans, specifications and estimates to be provided to the City in order to put the project out for bids. The project will include new light poles and drainage on Bonham St. and sidewalks in the two other areas mentioned above. BUDGET: Hayter Engineering's fee for the design of the project is $23,000. This will be funded from the Capital Improvement Program. RECOMMENDATION: Approve a contract with Hayter Engineering, Inc. for engineering services on downtown sidewalk replacements. AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is entered into by the City of Paris, a home-rule municipal corporation hereinafter called "CITY," and HAYTER ENGINEERING, INC., a Texas corporation, acting herein through a duly authorized officer, herein called "ENGINEER," because CITY desires ENGINEER'S services in connection with a sidewalk rehabilitation and replacement project in the downtown business district. WITNESSETH: For the mutual promises and beneiits herein described, the parties agree as follows: Term of AGREEMENT: This AGREEMENT shall become effective on the day it is executed, and shall continue in effect thereafter until the services provided for herein have been performed, or until terminated as provided herein. 2. Services to be Performed bv ENGINEER: Engineer shall diligently and timely perform the services described in the Scope of Services attached hereto and incorporated herein by reference as Exhibit A.CITY may request additional services of any type normally rendered by ENGINEER. These will be called "Additional Services," and compensation shall be determined as per Section 3(b) hereof. 3. Compensation of ENGINEER: Owner shall pay ENGINEER as follows: 1) Design Surveys $2,500 2) Engineering Design, and Preliminary Coordination $17,400 3) Bid and Award $3,100 (a) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly rates on Appendix A hereto, plus reimbursable expenses. (b) ENGINEER may submit monthly statements far basic and additional services. These will be based upon ENGINEER' S estimate of services completed at the time, and CITY shall make prompt payments. If CITY fails to pay ENGINEER within sixty (60) calendar days of the receipt of ENGINEER' S statement, the amounts due ENGINEER shall increase at the rate of one percent (1 %) a month. ENGINEER may, after giving seven (7) days written notice to CITY, suspend services until paid. (c) In the event of termination by CITY, ENGINEER shall be entitled to payment for services rendered through receipt of termination notice. (d) "Reimbursable expenses" include, but are not limited to, long distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants, freight, testing fees, copies, and blueprints. Where special consultants or 1 subcontractors are used as additional services, the ENGINEER'S reimbursement shall include a service charge equal to 5% of the subcontractor's invoice amount. 4. Services to be Performed b.�: CITY shall: (i) designate a specific person as CITY's representative; (ii) provide ENGINEER with any previous studies, reports, data, budget constraints, special CITY requirements, or other pertinent information known to CITY; (iii) ensure access for the ENGINEER to properties necessary for performance of the ENGINEER'S work; (iv) provide legal, accounting, or insurance consultants, financial advisors or other similar specialists as required for the project; (v) make prompt payments in response to ENGINEER' S statements; and (vi) respond in a timely fashion to requests from the ENGINEER. ENGINEER is entitled to rely upon and use, without independent verification and without liability, all information and services provided by CITY or CITY's appointees, or with respect to buried utilities, the utility providing service in the project area. 5. Termination: The obligation to provide further services under this AGREEMENT may be terminated by either party upon ten (10) calendar days written notice, in the event of substantial failure by the other party to perform in accordance with the terms hereof. 6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service for the specific project contemplated under this AGREEMENT. They are not intended for reuse on extensions of that project, or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and without liability to ENGINEER. 7. Notices: Any notices to be given hereunder by either party to the other may be effected either by personal delivery, in writing, or by registered or certified mail. 8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or benefits to anyone except the CITY and ENGINEER, and contains the entire agreement between the parties. Oral modifications to this agreement shall have no force or effect. 9. Texas Law to A�ply; Successors; Construction: This AGREEMENT shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the parties hereto and their representatives, successors and assigns. Should any provisions in this AGREEMENT later be held invalid, illegal or unenforceable, they shall be deemed void, and this AGREEMENT shall be construed as if such provision had never been contained herein. 10. Other Provisions: The parties hereto further agree as follows: (a) Indemnification. ENGINEER shall release, indemnify and hold CITY and its officers, agents and employees harmless from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by ENGINEER � but only to the extent caused by the negligent act or omission or intentional wrongful act or omission of ENGINEER, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Engineer is legally responsible (hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all such Claims. (b) Any opinion of the probable construction cost prepared by the ENGINEER represents only his judgment as a design professional and is supplied for the general guidance of the CITY. Since the ENGINEER has no control over the cost of labor and material, or many other factors, the ENGINEER does not imply nor guarantee the accuracy of such opinions. If the CITY elects to redesign ar rebid the project to reduce costs, ENGINEER'S services for such rebidding or redesign shall be additional services. (c) The ENGINEER has not been retained or compensated to provide design and construction review services relating to any construction contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the contractor to perform his work, but not relating to the final or completed structure. The ENGINEER does not in any manner guarantee the performance of the construction contractors. (d) ENGINEER will strive to perform services hereunder in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document, ar otherwise. (e) Delivery of Electronic Files — In accepting and utilizing any drawings, reports and data on any form of electronic media from the ENGINEER, CITY agrees that such files are instruments of service of the ENGINEER, solely for this particular Project. The CITY agrees not to reuse these electronic files for any purpose other than of the Project. The CITY agrees to waive all claims against the ENGINEER resulting from any unauthorized changes to or reuse of the electronic files for any other project. Electronic files furnished by either party shall be subject to an acceptance period of sixty (60) days. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. In the event of a conflict between the hard-copy construction documents and record drawings prepared by the ENGINEER and the electronic files, the signed and sealed hard-copy construction documents shall govern. In addition, the CITY agrees, to the fullest extent permitted by law, to release the ENGINEER, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, 3 11 arising from any changes made by anyone other than the ENGINEER or from any reuse of the electronic files. (� Independent Contractor. ENGINEER covenants and agrees that ENGINEER is an independent contractor and not an officer, agent, servant or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. (g) No Assignment. ENGINEER covenants and agrees that during the term of this agreement, the services to be provided hereunder remain the sole responsibility of ENGINEER, and that ENGINEER shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of CITY. (h) Venue. The parties agree that the laws of the State of Texas shall govern this Agreement, and that all aspects of this Agreement are performable in Lamar County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County, Texas. Amendments to this contract shall be in writing, and be signed by the appropriate authorized parties for both CITY and ENGINEER. IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the day of ENGINEER: HAYTER ENGINEERING,INC. By: /: ,: ,-. ATTEST: (Corporate Seal) CI 2013. CITY: CITY OF PARIS _ By: ATTEST: (Seal) EXHIBIT A BASIC SERVICES OF ENGINEER 2.1 General The project scope includes engineering for new sidewalks and street utility lighting along Bonham Street from 1 St NW to 2"d NW, and sidewalk repair along the south side of Lamar Avenue from Church Street west for about 100 feet. 2.2 Surveyin�n ineerin Desi� 2.2.1 Consult with CITY to clarify and define CITY'S requirements for the Project and review available data. 2.2.2 Advise CITY as to the necessity of CITY providing or obtaining from others, data or services outside those of ENGINEER described herein, and assist CITY in obtaining same. 2.2.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 2.2.4 The ENGINEER will do the topographical surveying in connection with the design. 2.2.5 Prepare final drawings to show the general scope, extent and character of the work of CONTRACTOR ("Drawings"), and Technical Specifications. 2.2.6 Advise CITY of any adjustments to the latest opinion of probable Total Project Costs. 2.2.7 Prepare for review and approval by CITY, its legal counsel and other advisors, contract agreement forms, general conditions, and supplementary conditions, and bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. 2.2.8 Furnish one copy of the above documents and of the Drawings and Specifications and present and review them with CITY. 2.3 Biddin 2.3.1 Assist CITY in advertising for bids for a single prime contract for the Work. 2.3.2 Prepare addenda as appropriate to interpret, clarify or expand the Bidding Documents. 2.3.3 Attend the bid opening, prepare bid tabulation sheets, and recommend an award if deemed appropriate. 5 2.4 Construction Phase — Hourly Rateper Appendix A 2.4.1 ENGINEER shall consult, advise, and act as CITY'S representative as requested by the CITY during the construction phase. 2.4.2 Shop Drawings & Substitutes ENGINEER shall review or take appropriate action, on substitute materials proposed by CONTRACTOR, shop drawings, samples and other data which CONTRACTOR is required to submit, but only for general conformance with the design concept of the project and the information given in the contract documents. Such review shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 2.4.3 Inspections ENGINEER shall conduct an inspection to determine if the work is substantially complete, and a final inspection to determine if the completed work is acceptable, so that ENGINEER may recommend final payment to CONTRACTOR. Any such recommendation is subject to the limitations expressed earlier herein. 2.4.4 Limitation of Responsibilities ENGINEER shall not be responsible for the acts or omissions of any CONTRACTOR, or its subcontractor, supplier, or any of the CONTRACTOR' S or subcontractor's suppliers, agents or employees, or any other persons (except ENGINEER'S own employees and agents) at the site or otherwise furnishing or performing any of the CONTRACTOR'S work; however, nothing contained in this section shall release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the contract documents. 0 APPENDIX A Schedule of Per Diem Rates October 2011 Personnel Principals Project Managers Project Engineer Intern Engineers Senior Technicians CAD Technician Draftsmen Administrative Assistant Environmentalist On-Site Observer Surveyor Survey Technician Survey Crew - 2 Man Party Survey Crew - 3 Man Party Hourly Rates 145.00 120.00 85.00 80.00 75.00 50.00 30.00 50.00 50.00 45.00 85.00 45.00 85.00 125.00 The schedule of per diem rates may be changed by the ENGINEER at his sole discretion. Time billed for per diem rate services shall be in minimum increments of'/4 hour. 7 APPENDIX A Schedule of Per Diem Rates October 2011 Personnel Principals Project Managers Project Engineer Intern Engineers Senior Technicians CAD Technician Draftsmen Administrative Assistant Environmentalist On-Site Observer Surveyor Survey Technician Survey Crew - 2 Man Party Survey Crew - 3 Man Party Hourly Rates 145.00 120.00 85.00 80.00 75.00 50.00 30.00 50.00 50.00 45.00 85.00 45.00 85.00 125.00 The schedule of per diem rates may be changed by the ENGINEER at his sole discretion. Time billed for per diem rate services shall be in minimum increments of'/4 hour. 7 HAYTER ENGINEERING, INC CONSULTANTS PLANNERS ENGINEERS TO: Shawn Napier, P.E. City of Paris P.O. Box 9037 Paris, TX 75461 WE ARE SENDING YOU � Attached ❑ Submittals ❑ Blueprints ❑ Letter ❑ Drawings ❑ Contracts ❑ Specifications ❑ Other 4445 S.E. LOOP 286 PARIS, TEXAS 75460 (903) 785-0303 FAX (903) 785-0308 LETTER OF TRANSMITTAL DATE: January 4, 2013 RE: City of Paris Sidewalk rehabilitation and replacement project in the downtown business district. HEI Project No.: 180060-03 ❑ Under separate cover via the following items: ❑ Samples ❑ Report ❑ Change Order ❑ Literature ❑ Cost Estimates ❑ Test Reports ❑ O& M Manual o Contractors Pay Request THESE ARE BEING SENT: ❑ At your request ❑ Per our conversation ❑ At request of ❑ Per contract ❑ For review and comment ❑ For REMARKS: Copy to: ❑ For your information ❑ For your signature ❑ For further action as noted ❑ For your approval ❑ For your use Service Since 1957 TBPE F-00031:i Signed: R. Reeves Hayter, P.E. AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is entered into by the City of Paris, a home-rule municipal corporation hereinafter called "CITY," and HAYTER ENGINEERING, INC., a Texas corporation, acting herein through a duly authorized officer, herein called "ENGINEER," because CITY desires ENGINEER'S services in connection with a sidewalk rehabilitation and replacement project in the downtown business district. WITNESSETH: For the mutual promises and benefits herein described, the parties agree as follows: 1. Term of AGREEMENT: This AGREEMENT shall become effective on the day it is executed, and shall continue in effect thereafter until the services provided for herein have been performed, or until terminated as provided herein. 2. Services to be Performed by ENGINEER: Engineer shall diligently and timely perform the services described in the Scope of Services attached hereto and incorporated herein by reference as Exhibit A.CITY may request additional services of any type normally rendered by ENGINEER. These will be called "Additional Services," and compensation shall be determined as per Section 3(b) hereof. 3. Compensation of ENGINEER: Owner shall pay ENGINEER as follows: 1) Design Surveys $2,500 2) Engineering Design, and Preliminary Coordination $17,400 3) Bid and Award $3,100 (a) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly rates on Appendix A hereto, plus reimbursable expenses. (b) ENGINEER may submit monthly statements for basic and additional services. These will be based upon ENGINEER'S estimate of services completed at the time, and CITY shall make prompt payments. If CITY fails to pay ENGINEER within sixty (60) calendar days of the receipt of ENGINEER' S statement, the amounts due ENGINEER shall increase at the rate of one percent (1 %) a month. ENGINEER may, after giving seven (7) days written notice to CITY, suspend services until paid. (c) In the event of termination by CITY, ENGINEER shall be entitled to payment for services rendered through receipt of termination notice. (d) "Reimbursable expenses" include, but are not limited to, long distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants, freight, testing fees, copies, and blueprints. Where special consultants or 1 subcontractors are used as additional services, the ENGINEER'S reimbursement shall include a service charge equal to 5% of the subcontractor's invoice amount. 4. Services to be Performed bYCITY: CITY shall: (i) designate a specific person as CITY's representative; (ii) provide ENGINEER with any previous studies, reports, data, budget constraints, special CITY requirements, or other pertinent information known to CITY; (iii) ensure access for the ENGINEER to properties necessary for performance of the ENGINEER' S work; (iv) provide legal, accounting, or insurance consultants, financial advisors or other similar specialists as required for the project; (v) make prompt payments in response to ENGINEER' S statements; and (vi) respond in a timely fashion to requests from the ENGINEER. ENGINEER is entitled to rely upon and use, without independent veriiication and without liability, all information and services provided by CITY or CITY's appointees, or with respect to buried utilities, the utility providing service in the project area. 5. Termination: The obligation to provide further services under this AGREEMENT may be terminated by either party upon ten (10) calendar days written notice, in the event of substantial failure by the other party to perform in accordance with the terms hereof. 6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service for the specific project contemplated under this AGREEMENT. They are not intended for reuse on extensions of that project, or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and without liability to ENGINEER. 7. Notices: Any notices to be given hereunder by either party to the other may be effected either by personal delivery, in writing, or by registered or certified mail. 8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or benefits to anyone except the CITY and ENGINEER, and contains the entire agreement between the parties. Oral modifications to this agreement shall have no force or effect. 9. Texas Law to A�plv• Successors; Construction: This AGREEMENT shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the parties hereto and their representatives, successors and assigns. Should any provisions in this AGREEMENT later be held invalid, illegal or unenforceable, they shall be deemed void, and this AGREEMENT shall be construed as if such provision had never been contained herein. 10. Other Provisions: The parties hereto further agree as follows: (a) Indemnification. ENGINEER shall release, indemnify and hold CITY and its officers, agents and employees harmless from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by ENGINEER Pa but only to the extent caused by the negligent act or omission or intentional wrongful act or omission of ENGINEER, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Engineer is legally responsible (hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all such Claims. (b) Any opinion of the probable construction cost prepared by the ENGINEER represents only his judgment as a design professional and is supplied for the general guidance of the CITY. Since the ENGINEER has no control over the cost of labor and material, or many other factors, the ENGINEER does not imply nor guarantee the accuracy of such opinions. If the CITY elects to redesign or rebid the project to reduce costs, ENGINEER' S services for such rebidding or redesign shall be additional services. (c) The ENGINEER has not been retained or compensated to provide design and construction review services relating to any construction contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the contractor to perform his work, but not relating to the final or completed structure. The ENGINEER does not in any manner guarantee the performance of the construction contractors. (d) ENGINEER will strive to perform services hereunder in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express ar implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document, or otherwise. (e) Delivery of Electronic Files — In accepting and utilizing any drawings, reports and data on any form of electronic media from the ENGINEER, CITY agrees that such files are instruments of service of the ENGINEER, solely for this particular Project. The CITY agrees not to reuse these electronic files for any purpose other than of the Project. The CITY agrees to waive all claims against the ENGINEER resulting from any unauthorized changes to or reuse of the electronic files for any other project. Electronic files furnished by either party shall be subject to an acceptance period of sixty (60) days. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. In the event of a conflict between the hard-copy construction documents and record drawings prepared by the ENGINEER and the electronic files, the signed and sealed hard-copy construction documents shall govern. In addition, the CITY agrees, to the fullest extent permitted by law, to release the ENGINEER, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, � arising from any changes made by anyone other than the ENGINEER or from any reuse of the electronic files. ( fl Independent Contractor. ENGINEER covenants and agrees that ENGINEER is an independent contractor and not an officer, agent, servant or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. (g) No Assignment. ENGINEER covenants and agrees that during the term of this agreement, the services to be provided hereunder remain the sole responsibility of ENGINEER, and that ENGINEER shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of CITY. (h) Venue. The parties agree that the laws of the State of Texas shall govern this Agreement, and that all aspects of this Agreement are performable in Lamar County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County, Texas. 11. Amendments to this contract shall be in writing, and be signed by the appropriate authorized parties for both CITY and ENGINEER. IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the day of , 2013. ENGINEER: HAYTER ENGINEERING, INC. CITY: CITY OF PARIS By: �:, �- �_, ,� By: �, ATTEST: ATTEST: (Cor�or�t� Seal) � (Seal) EXHIBIT A BASIC SERVICES OF ENGINEER 2.1 General The project scope includes engineering for new sidewalks and street utility lighting along Bonham Street from 1 St NW to 2°d NW, and sidewalk repair along the south side of Lamar Avenue from Church Street west for about 100 feet. 2.2 Survevin� ineerin Design 2.2.1 Consult with CITY to clarify and define CITY'S requirements for the Project and review available data. 2.2.2 Advise CITY as to the necessity of CITY providing or obtaining from others, data or services outside those of ENGINEER described herein, and assist CITY in obtaining same. 2.2.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 2.2.4 The ENGINEER will do the topographical surveying in connection with the design. 2.2.5 Prepare final drawings to show the general scope, extent and character of the work of CONTRACTOR ("Drawings"), and Technical Specifications. 2.2.6 Advise CITY of any adjustments to the latest opinion of probable Total Project Costs. 2.2.7 Prepare for review and approval by CITY, its legal counsel and other advisors, contract agreement forms, general conditions, and supplementary conditions, and bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. 2.2.8 Furnish one copy of the above documents and of the Drawings and Specifications and present and review them with CITY. 2.3 Biddin 2.3.1 Assist CITY in advertising for bids for a single prime contract for the Work. 2.3.2 Prepare addenda as appropriate to interpret, clarify or expand the Bidding Documents. 2.3.3 Attend the bid opening, prepare bid tabulation sheets, and recommend an award if deemed appropriate. 5 2.4 Construction Phase — Hourly Rate per A�pendix A 2.4.1 ENGINEER shall consult, advise, and act as CITY'S representative as requested by the CITY during the construction phase. 2.4.2 Shop Drawin�s & Substitutes ENGINEER shall review or take appropriate action, on substitute materials proposed by CONTRACTOR, shop drawings, samples and other data which CONTRACTOR is required to submit, but only for general conformance with the design concept of the proj ect and the information given in the contract documents. Such review shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 2.4.3 Inspections ENGINEER shall conduct an inspection to determine if the work is substantially complete, and a final inspection to determine if the completed work is acceptable, so that ENGINEER may recommend final payment to CONTRACTOR. Any such recommendation is subject to the limitations expressed earlier herein. 2.4.4 Limitation of Responsibilities ENGINEER shall not be responsible for the acts or omissions of any CONTRACTOR, or its subcontractor, supplier, or any of the CONTRACTOR' S or subcontractor's suppliers, agents or employees, or any other persons (except ENGINEER'S own employees and agents) at the site or otherwise furnishing or performing any of the CONTRACTOR' S work; however, nothing contained in this section shall release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the contract documents. 0