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<br /> IfOD <br /> permitted. - <br /> 1.4.2 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) ARCHITECT is <br /> unavailable by telephonic communication or otherwise to issue instructions necessary for <br /> the proper progress and acceptance of work; (2) jeopardy to life and/or property exists; <br /> and/or (3) lack of instructions and/or unavailability of ARCHITECT will result in, in CITY's <br /> opinion, harm to CITY, in which case instructions may be forwarded directly to the <br /> Contractor by the CITY; have authority to act on behalf of the CITY only to the extent <br /> provided herein and in the construction contract documents unless otherwise modified by <br /> written instrument in accordance with Section 11.1 Any instructions issued directly by CITY <br /> to Contractor will be promptly communicated to the ARCHITECT if the ARCHITECT was <br /> unavailable at the time of issuance of instructions. <br /> 1.4.3 Conduct a pre-construction conference with the Contractor, members of CITY's <br /> 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 /> 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 observations of the Project at least weekly 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 observations by the <br /> ARCHITECT, the ARCHITECT will keep the CITY informed of the progress and quality of <br /> the work through written field reports and bi-monthly 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 /> 1.4.6 Not have control or charge of and will not be responsible for construction means, <br /> methods, tèchniques, 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 ARCHITECT or are acts or omissions under <br /> the ARCHITECT's control. However, ARCHITECT will exercise its authority on behalf of <br /> CITY in 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 ARCHITECT become <br /> aware of the Contractor's utilization of means, methods, techniques, sequences and/or <br /> procedures of construction which, in ARCHITECT's opinion, will not result in completion <br /> of the Project in accordance with the construction contract documents; or which are <br /> 5 <br />