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<br />authority to act on behalf of the City only to the extent provided herein and in the <br />construction contract documents unless otherwise modified by written instrument in <br />accordance with Section 12.1. Any instructions issued directly by City to Contractor will be <br />promptly communicated to the Engineer if the Engineer was unavailable at the time of <br />issuance of instructions. <br /> <br />1.4.3 Attend a pre-construction conference with the Contractor, members of City's staff, <br />representatives of affected utility providers, and federal and state agencies having <br />jurisdiction over the Project (including City inspectors) in order to establish construction <br />schedules and to identify key representatives of the parties and lines of communication. <br /> <br />1.4.4 Assist the City in ensuring that all applicable permits and approvals have been <br />obtained from the appropriate agencies prior to construction. <br /> <br />1.4.5 Make on-site inspections of the Project at least weekly (30) to ensure familiarity with <br />the progress and quality of the work, to determine if the work is proceeding in acceptable <br />conformance with the construction contract documents, and to review the work with the <br />City's designated representatives. On the basis of such on-site inspections by the <br />Engineer, the Engineer will keep the City and the Contractor informed of the progress and <br />quality of the work through written status reports and through meetings with the City's <br />representative; and will also be reasonably available to perform site visitations at the <br />specific request of the City by the next business day after a request is made. <br /> <br />1.4.6 Not have control or charge of and will not be responsible for construction means, <br />methods, techniques, sequences or procedures, or for safety precautions and programs <br />in connection with the work, for the acts or omissions of the Contractor, subcontractors or <br />any other persons performing any of the work, or for the failure of any of them to carry out <br />the work in accordance with the construction contract documents unless such acts or <br />omissions are due to the negligence of the Engineer or are acts or omissions under the <br />Engineer's control. However, Engineer will exercise its authority on behalf of City in <br />accordance herewith and particularly during the construction phase so that all work <br />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 <br />aware of the Contractor's utilization of means, methods, techniques, sequences and/or <br />procedures of construction which, in Engineer's opinion, will not result in completion of the <br />Project in accordance with the construction contract documents; or which are unsafe, <br />Engineer will immediately inform the City and will take all necessary action which the <br />Engineer is authorized under this Agreement to take to correct the matter. <br /> <br />1.4.7 At all times have access to the work wherever it is in preparation or progress. <br /> <br />1.4.8 Determine the amounts owing to the Contractor based on its on-site professional <br />inspections and on evaluations of the Contractor's applications for payment including <br />comparisons of Contractor's monthly cost reports with its applications for payment, and will <br />make recommendations for payment in these amounts, as provided in the construction <br /> <br />Dannenbaum2.wpd <br /> <br />6 <br />