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<br />unavailability of Consultant will result in, in City I S OpInIOn, harm to City, in which case <br />instructions may be forwarded directly to the Contractor by the City; have authority to act on behalf <br />of the City only to the extent provided herein and in the construction contract documents unless <br />otherwise modified by written instrument in accordance with Section 11.1. Any instructions issued <br />directly by City to Contractor will be promptly communicated to the Consultant if the Consultant <br />was unavailable at the time of issuance of instructions. <br /> <br />1.4.8 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 />1.4.9 Assist the City in ensuring that all applicable permits and approvals have been obtained <br />from the appropriate agencies prior to construction. <br /> <br />1.4.10 Make on-site inspections of the Project at least once a week to ensure familiarity with the <br />progress and quality of the work, to determine if the work is proceeding in acceptable conformance <br />with the construction contract documents, and to review the work with the City's designated <br />representatives. On the basis of such on-site inspections by the Consultant, the Consultant will <br />keep the City informed of the progress and quality of the work through written status reports at the <br />completion of each sidewalk segment and through meetings with the City's representative; and will <br />also be reasonably available to perform site visitations at the specific request of the City by the next <br />business day after a request is made. <br /> <br />1.4.11 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 />Consultant or are acts or omissions under the Consultant's control. However, Consultant will <br />exercise its authority on behalf of City in accordance herewith and particularly during the <br />construction phase so that all work performed by the Contractor results in a Project completed in <br />accordance with the construction contract documents, and during any phase should the Consultant <br />become aware of the Contractor's utilization of means, methods, techniques, sequences and/or <br />procedures of construction which, in Consultant's opinion, will not result in completion of the <br />Project in accordance with the construction contract documents; or which are unsafe, Consultant <br />will immediately inform the City and will take all necessary action which the Consultant is <br />authorized under this Agreement to take to correct the matter. <br /> <br />1.4.12 At all times have access to the work wherever it is in preparation or progress. <br /> <br />1.4.13 Determine the amounts owing to the Contractor based on its on-site professional inspections <br /> <br />6 <br /> <br />NEIGHB0R2002 <br />