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<br />1.5 CONSTRUCTION PHASE--ADMINISTRATION OF THE CONSTRUCTION <br />CONTRACT <br />1.5.1 The Construction Phase will commence with the award of the <br /> <br />Contract for Construction <br />accepted by the Owner. <br />1.5.2 Unless otherwise <br /> <br />and will terminate when the project(s) <br /> <br />is <br /> <br />provided in this Agreement and incorporated <br /> <br />in the construction contract documents, <br /> <br />the Engineer shall provide <br /> <br />administration of the Contract for Construction as set forth herein and <br /> <br />in the construction contract documents approved by Owner. <br /> <br />Engineer's <br /> <br />administration of the contract for construction shall be provided in <br />strict adherence with the construction contract documents and Engineer <br /> <br />shall not pursue a course of conduct which might jeopardize any of <br /> <br />Owner's <br /> <br />rights <br /> <br />thereunder. <br /> <br />Minor deviations <br /> <br />from the <br /> <br />construction <br /> <br />contract documents that do <br /> <br />not affect the validity of performance <br /> <br />bond(s) are permitted. <br /> <br />1.5.3 <br /> <br />The Engineer shall be a representative but not an agent of <br /> <br />the Owner during the Construction Phase, and shall advise and consult <br /> <br />with the Owner <br /> <br />and <br /> <br />provide <br /> <br />advice, <br /> <br />if <br /> <br />any, <br /> <br />to <br /> <br />Owner <br /> <br />in writing. <br /> <br />Owner's instructions to the Contractor shall be forwarded through the <br /> <br />Engineer, <br /> <br />unless <br /> <br />(1) <br /> <br />Engineer <br /> <br />is <br /> <br />unavailable <br /> <br />by <br /> <br />telephonic <br /> <br />communication or otherwise to <br /> <br />issue <br /> <br />instructions necessary for the <br /> <br />proper progress and acceptance of work; <br /> <br />(2 ) <br /> <br />when jeopardy to life <br /> <br />and/or property exists; <br /> <br />and/ or <br /> <br />(3 ) <br /> <br />when lack of instructions and/or <br /> <br />unavailability of Engineer will result in, in Owner's opinion, harm to <br /> <br />Owner, <br /> <br />in which case instructions may be forwarded directly to the <br /> <br />Contractor by Owner. <br /> <br />The Engineer shall have authority to act on <br /> <br />behalf of the Owner only to the extent provided herein and in the <br /> <br />construction contract documents unless otherwise modified by written <br /> <br />instrument in accordance with Section 1.5.13. <br /> <br />Any instructions issued <br /> <br />directly by Owner to Contractor shall be immediately communicated to <br />Engineer if the Engineer was unavailable at the time of issuance of <br /> <br />Lnstructions. <br /> <br />1.5.4 <br /> <br />The Engineer shall conduct a pre-construction conference with <br /> <br />the Contractor and members of Owner's staff as necessary and shall make <br /> <br />professional <br /> <br />on-site inspections of the project(s) <br /> <br />often enough to <br /> <br />ensure familiarity with the progress and quality of the work, to <br /> <br />-4- <br />