Res 2004-002 - Laserfiche WebLink

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1.9.1 Provide administration of the construction contract as set forth in the construction documents unless otherwise provided in this Agreement and incorporated in the construction contract documents. Engineer will not pursue a course of conduct which might jeopardize any of the City's rights thereunder. Minor deviations from the construction contract documents that do not affect the validity of performance bond(s) are permitted. 1.9.2 Be a representative but not an agent of the City during the construction phase, and advise and consult with the City and provide progress reports and advice to the City in writing; forward the City' s instructions to the Contractor unless (1) Engineer is unavailable by telephonic communication or otherwise to issue instructions necessary for the proper progress and acceptance of work; (2) jeopardy t o 1 ife and/or property exists; and/or (3) lack o f instructions and/or unavailability o f Engineer will result in, in City' s opinion, harm to City, in which case instructions may be forwarded directly to the Contractor by the City; have authority to act on behalf of the City only to the extent provided herein and in the construction contract documents unless otherwise modified by written instrument in accordance with Section 12.1. Any instructions issued directly by City to Contractor will be promptly communicated to the Engineer if the Engineer was unavailable at the time of issuance of instructions. 1.9.3 Attend a pre-construction conference with the Contractor, members of City's staff, representatives of affected utility providers, and federal and state agencies having jurisdiction over the Project (including City inspectors) in order to establish construction schedules and to identify key representatives of the parties and lines of communication. 1.9.4 Assist the Cityin ensuring that all applicable permits and approvals have been obtained from the appropriate agencies prior to construction. 1.9.5 Make on-site inspections of the Project at least bi-weekly during significant construction activity and otherwise as necessary to ensure familiarity with the progress and quality of the work, to determine if the work is proceeding in acceptable conformance with the construction contract documents, and to review the work with the City's designated representatives. On the basis of such on-site inspections by the Engineer, the Engineer will keep the City informed of the progress and quality of the work through written status reports and through meetings with the City's representative; and will also be reasonably available to perform site visitations at the specific request of the City by the next business day after a request is made. 1.9.6 Not have control or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions of the Contractor, subcontractors or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the construction contract documents unless such acts or omissions are due to the negligence of the Engineer or are acts or omissions under the Engineer's control. However, Engineer will exercise its authority on behalf of City in accordance herewith and particularly during the construction phase so that all work performed by the Contractor results in a Project completed in accordance with the