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<br />I <br /> <br />I <br /> <br />I <br /> <br />communication or otherwise to issue instructions necessary for the proper progress and <br />acceptance of work; (2) jeopardy to life and/or property exists; and/or (3) lack of instructions <br />and/or unavailability of Engineer will result in, in City'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 <br />behalf of the City only to the extent provided herein and in the construction contract documents <br />unless otherwise modified by written instrument in accordance with Section 12.1. Any <br />instructions issued directly by City to Contractor will be promptly communicated to the Engineer <br />if the Engineer was unavailable at the time of issuance of instructions. <br /> <br />1.4.4 Assist the City in conducting a pre-construction conference with the Contractor, members <br />of City's staff, 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 />1.4.5 Assist the City in ensuring that all applicable permits and approvals have been obtained <br />from the appropriate agencies prior to construction. <br /> <br />1.4.6 Make on-site inspections of the Project at least weekly during bank improvement <br />construction to ensure familiarity with the progress and quality of the work, to determine if the <br />work is proceeding in acceptable conformance with the construction contract documents, and to <br />review the work with the City's designated representatives. On the basis of such on-site <br />inspections by the Engineer, the Engineer will keep the City informed ofthe progress and quality <br />of the work through written status reports and through meetings with the City's representative; <br />and will also be reasonably available to perform site visitations at the specific request of the City <br />by the next business day after a request is made. <br /> <br />1.4.7 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 in <br />connection with the work, for the acts or omissions of the Contractor, subcontractors or any other <br />persons performing any of the work, or for the failure of any of them to carry out the work in <br />accordance with the construction contract documents unless such acts or omissions are due to the <br />negligence of the Engineer or are acts or omissions under the Engineer's control. However, <br />Engineer will exercise its authority on behalf of City in accordance herewith and particularly <br />during the construction phase so that all work performed by the Contractor results in a Proj ect <br />completed in accordance with the construction contract documents, and during any phase should <br />the Engineer become aware of the Contractor's utilization of means, methods, techniques, <br />sequences and/or procedures of construction which, in Engineer's opinion, will not result in <br />completion of the Project in accordance with the construction contract documents; or which are <br />unsafe, 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 />1.4.8 At all times have access to the work wherever it is in preparation or progress. <br /> <br />Ham Prof Services <br /> <br />6 <br />