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<br />1.3.6 Have no authority to issue a Notice to Proceed to any Contractor. <br /> <br />Construction Administration <br /> <br />1.3.7 Provide administration of the construction contract as set forth in the construction <br />documents unless otherwise provided in this Agreement and incorporated in the construction <br />contract documents. Engineer will not pursue a course of conduct which might jeopardize any of <br />the City's rights hereunder. Minor deviations from the construction contract documents that do <br />not affect the validity of performance bond(s) are permitted. <br /> <br />1.3.8 Be a representative but not an agent of the City during the construction phase, and advise <br />and consult with the City and provide progress reports and advice to the City in writing; forward <br />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 />1.3.9 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 />1.3.10 Assist the City in ensuring that all applicable permits and approvals have been obtained <br />from the appropriate agencies prior to construction. <br /> <br />1.3.11 Make on-site inspections of the Project at least twice monthly 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 City's <br />designated representatives. It is anticipated that no more than twelve visits to the site will be <br />required. On the basis of such on-site inspections by the Engineer, the Engineer will keep the <br />City informed of the progress and quality of the work through written status reports and through <br />meetings with the City's representative; and will also be reasonably available to perform site <br />visitations at the specific request of the City by the next business day after a request is made. <br /> <br />1.3.12 In performing all services, including inspections, not have control or charge of and will <br />not be responsible for construction means, methods, techniques, sequences or procedures, or for <br />safety precautions and programs in connection with the work, for the acts or omissions of the <br />Contractor, subcontractors or any other persons performing any of the work, or for the failure of <br />any of them to carry out the work in accordance with the construction contract documents unless <br /> <br />AP AI Elevated Storage Tank <br /> <br />5 <br />