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<br />determine if the Work is proceeding in acceptable 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 inspector. <br /> <br />However, such inspections shall not be less than <br /> <br />twice per month. <br /> <br />On the basis of such on-site professional inspections <br /> <br />as <br /> <br />an engineer,the <br /> <br />Engineer <br /> <br />shall <br /> <br />keep <br /> <br />the Owner <br /> <br />informed <br /> <br />of <br /> <br />the <br /> <br />progress and quality of the Work. <br /> <br />In performing these services. the <br /> <br />Engineer <br /> <br />will <br /> <br />endeavor <br /> <br />to <br /> <br />protect <br /> <br />the <br /> <br />Owner <br /> <br />against <br /> <br />defects <br /> <br />and <br /> <br />deficiencies in the quality and quantity of the Work of the contractor <br /> <br />if such are within 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 /> <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 or are <br /> <br />acts <br /> <br />or omissions <br /> <br />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 />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 <br />project(s) completed <br />documents, and during <br /> <br />and <br /> <br />procedures <br /> <br />of <br /> <br />construction <br /> <br />result <br /> <br />in <br /> <br />a <br /> <br />in <br /> <br />accordance <br /> <br />with <br /> <br />the <br /> <br />construction <br /> <br />contract <br /> <br />said <br /> <br />phase <br /> <br />should <br /> <br />Engineer <br /> <br />become <br /> <br />aware <br /> <br />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, in Engineer's opinion, will <br /> <br />not result 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 Engineer shall have the right <br /> <br />-5- <br />