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<br />City's instructions to the Contractor unless (1) Engineer is unavailable by telephonic communication <br />or otherwise to issue instructions necessary for the proper progress and acceptance of work; (2) <br />jeopardy to life andlor property exists; and/or (3) lack of instructions andlor unavailability of <br />Engineer will result in, in City's opinion, harm to City, in which case instructions may be forwarded <br />directly to the Contractor by the City; have authority to act on behalf of the City only to the extent <br />provided herein and in the construction contract documents unless otherwise modified by written <br />instrument in accordance with Section 12.1. Any instructions issued directly by City to Contractor <br />will be promptly communicated to the Engineer if the Engineer was unavailable at the time of <br />issuance of instructions. <br /> <br />1.3.20 Conduct a pre-construction conference with the Contractor, members of City's staff, <br />representatives of affected utility providers, and federal and state agencies having jurisdiction over <br />the Project (including City inspectors) in order to establish construction schedules and to identify <br />key representatives of the parties and lines of communication. <br /> <br />1.3.21 Assist the City in ensuring that all applicable permits and approvals have been obtained from <br />the appropriate agencies prior to construction. <br /> <br />1.3.22 Make on-site inspections of the Project at least weekly to ensure familiarity with the progress <br />and quality of the work, to determine if the work is proceeding in acceptable conformance with the <br />construction contract documents, and to review the work with the City's designated representatives. <br />On the basis of such on-site inspections by the Engineer, the Engineer will keep the City informed <br />of the progress and quality of the work through written status reports and through meetings with the <br />City's representative; and will also be reasonably available to perform site visitations at the specific <br />request of the City by the next business day after a request is made. <br /> <br />1.3.23 Not have control or charge of and will not be responsible for construction means, methods, <br />techniques, sequences or procedures, or for safety precautions and programs in connection with the <br />work, for the acts or omissions of the Contractor, subcontractors or any other persons performing <br />any of the work, or for the failure of any of them to carry out the work in accordance with the <br />construction contract documents unless such acts or omissions are due to the negligence of the <br />Engineer or are acts or omissions under the Engineer's control. However, Engineer will exercise its <br />authority on behalf of City in accordance herewith and particularly during the construction phase so <br />that all work performed by the Contractor results in a Project completed in accordance with the <br />construction contract documents, and during any phase should the Engineer become aware of the <br />Contractor's utilization of means, methods, techniques, sequences andlor procedures of construction <br />which, in Engineer's opinion, will not result in completion of the Project in accordance with the <br />construction contract documents; or which are unsafe, Engineer will immediately inform the City <br />and will take all necessary action which the Engineer is authorized under this Agreement to take to <br />correct the matter. <br /> <br />1.3.24 At all times have access to the work wherever it is in preparation or progress. <br /> <br />Loop 82-Sessom Drive.wpd <br /> <br />6 <br />