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<br />determine if the Work is proceeding in acceptabe conformance with the <br /> <br />construction <br /> <br />contract <br /> <br />documents, <br /> <br />and <br /> <br />to <br /> <br />review <br /> <br />the <br /> <br />work <br /> <br />with <br /> <br />the <br /> <br />Owner's <br /> <br />inspector. <br /> <br />However, <br /> <br />such inspections shall not be less than <br /> <br />twice per month <br /> <br />On <br /> <br />the <br /> <br />basis <br /> <br />of <br /> <br />such <br /> <br />on-site <br /> <br />professional <br /> <br />inspections as an engineer,the Engineer shall keep the Owner informed <br /> <br />of the progress and quality of the Work. <br /> <br />In performing these services. <br /> <br />the Engineer will endeavor to protect the Owner agianst defects and <br /> <br />deficiencies in the quality and quantity of the Work of the contractor <br /> <br />if such are witin the Engineer's knowledge or should reasonably have <br /> <br />been within the knowledge of the Engineer. <br /> <br />1.5.5 <br /> <br />The Engineer shall not have control or charge of and shall <br /> <br />not <br /> <br />be <br /> <br />responsible <br /> <br />for <br /> <br />construction <br /> <br />means, <br /> <br />methods, <br /> <br />techniques, <br /> <br />sequences or procedures, <br /> <br />or for safety precautions <br /> <br />and programs <br /> <br />in <br /> <br />connection with the Work, for the acts or omissions of the Contractor, <br /> <br />Sub-contractors or any other persons performing any of the Work, or for <br />the failure of any of them to carry out the Work in accordance with the <br /> <br />construction contract documents unless such acts or omissions are due <br /> <br />to <br /> <br />negligence <br /> <br />of the Engineer <br /> <br />or are <br /> <br />acts <br /> <br />or <br /> <br />omissions under the <br /> <br />Engineer's control. <br /> <br />However, Engineer shall have control and authority <br /> <br />over all functions, activities and/or actions done or which should be <br /> <br />done jointly by the Engineer and Owner and nothing herein shall limit <br /> <br />this control and authority. <br /> <br />In every event, Engineer shall exercise <br /> <br />its <br /> <br />authority <br /> <br />on <br /> <br />behalf <br /> <br />of <br /> <br />Owner <br /> <br />in <br /> <br />accordance <br /> <br />herewith <br /> <br />and <br /> <br />particularly during the construction phase so that the means, methods, <br /> <br />techniques, sequences and procedures of construction result in a <br />project(s) completed in accordance with the construction contract <br />documents, and during said phase should Engineer become aware of <br /> <br />Contractor's <br /> <br />utilization <br /> <br />of <br /> <br />means, <br /> <br />methods, <br /> <br />techniques, <br /> <br />sequences <br /> <br />and/or procedures of construction which, <br /> <br />in Engineer' s opinion, will <br /> <br />not resul t <br /> <br />in completion of the project(s) <br /> <br />in accordance with the <br /> <br />construction contract documents or which are unsafe, <br /> <br />Engineer shall <br /> <br />immediately so inform Owner and shall take all necessary action which <br /> <br />the Engineer is authorized under this Agreement to take to correct <br /> <br />the <br /> <br />matter. <br /> <br />In <br /> <br />such <br /> <br />situations, <br /> <br />the <br /> <br />Engineer shall have the right and power to immediately cease the work <br /> <br />by Contractor on the project(s). <br /> <br />-5- <br />