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<br />TASK 5 - CONSTRUCTION ADMINISTRATION <br /> <br />The Construction phase of this Project will commence with the award of the <br />construction contract and will terminate when the Project is accepted by the City. The <br />Engineer will: <br /> <br />1.6.1 Provide administration of the construction contract as set forth in the construction <br />documents unless otherwise provided in this Agreement and incorporated in the <br />construction contract documents. Engineer will not pursue a course of conduct which <br />might jeopardize any of the City's rights thereunder. Minor deviations from the construction <br />contract documents that do not affect the validity of performance bond(s) are permitted. <br /> <br />1.6.2 Be a representative but not an agent of the City during the construction phase, and <br />advise and consult with the City and provide progress reports and advice to the City in <br />writing; forward the City's instructions to the Contractor unless (1) Engineer is unavailable <br />by telephonic communication or otherwise to issue instructions necessary for the proper <br />progress and acceptance of work; (2) jeopardy to life and/or property exists; and/or (3) lack <br />of instructions and/or unavailability of Engineer will result in, in City's opinion, harm to City, <br />in which case instructions may be forwarded directly to the Contractor by the City; have <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 />1.6.3 Assist the City in conducting a pre-construction conference with the Contractor, <br />members of City's staff, representatives of affected utility providers, and federal and state <br />agencies having jurisdiction over the Project (including City inspectors) in orderto establish <br />construction schedules and to identify key representatives of the parties and lines of <br />communication. <br /> <br />1.6.4 Assist the City in ensuring that all applicable permits and approvals have been <br />obtained from the appropriate agencies prior to construction. <br /> <br />1.6.5 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 /> <br />5 <br />