Agmt18 ELS Architecture and Urban Design

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EXHIBIT AAA Permitting, Bid Negotiation, and Construction Administration Phases §7.1 Procurement Phase Services §1.1.1 Competitive Bidding §1.1.1.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. §1.1.1.2 The Consultant shall assist the City in bidding the Project by: 1 participating in and attending a pre-bid conference for prospective bidders; .2 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda. §1.1.1.3 If the Bidding Documents permit substitutions, upon the City's written authorization, the Consultant shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. Further substitutions shall be consistent with Divisions 0 and 1. §1.2 Construction Phase Services §1.2.1 General §1.2.1.2 The Consultant shall advise and consult with the City during the Construction Phase Services. The Consultant shall have authority to act on behalf of the City only to the extent provided in this Agreement. The Consultant shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the Work, nor shall the Consultant be responsible for the failure of the contractor ("Contractor") to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. The preceding sentence does not modify Consultant's obligations to defend and indemnify the City as set forth in the Agreement. §1.2.1.3 Except as provided in Section 1.2.6.3, the Consultant's responsibility to provide Construction Phase Services commences with the award of the Contract for the Construction and terminates on the date the City issues the final Certificate for Payment. §1.2.2 Evaluations of the Work §1.2.2.1 The Consultant shall visit the site at intervals, as described in the Consultant's proposal, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observes is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Consultant shall not be required to make the exhaustive or continuous on-site inspections to check on the quality or quantity of the Work. On the basis of the site visits, the Consultant shall keep the City reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the City (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor and (3) defects and deficiencies observed in the Work. ATTY/AGR.Amend. No.1/ELS Architecture and Urban Design (Page 9 of 18)