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<br />I <br /> <br />I <br /> <br />I <br /> <br />contract documents that do not affect the validity of performance bond(s) are permitted. The <br />Engineer will comply with Federal construction requirements as cited in 23 CFR Part 635 and 23 <br />CFR 633. <br /> <br />1.7.14 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 writing; <br />forward the City's instructions to the Contractor unless (1) Engineer is unavailable by telephonic <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 />1.7.15 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 order to establish <br />construction schedules and to identify key representatives of the parties and lines of <br />communication. <br /> <br />1.7.16 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. 7 .17 Make on-site inspections of the Project at least weekly to ensure familiarity with the <br />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 City's <br />designated representatives. On the basis of such on-site inspections by the Engineer, the <br />Engineer will keep the City informed of the progress and quality of the work through written <br />status reports and through meetings with the City's representative; and will also be reasonably <br />available to perform site visitations at the specific request of the City by the next business day <br />after a request is made. The Engineer will provide an inspector familiar with TxDOT inspection <br />procedures who will be available on-site during all hours (estimated at 50 hours per week for the <br />duration of construction) that the construction Contractor is on site and working. <br /> <br />1. 7.18 Coordinate with the City's construction testing lab to manage testing and provide <br />QAlQC. <br /> <br />1.7.19 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 /> <br />17 <br />