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<br /> Cf/c- <br /> prospective or potential bidders and CITY's staff and make all necessary clarifications and <br /> interpretations of the construction contract documents. However, ARCHITECT will have <br /> no authority to issue a Notice to Proceed to any Contractor. <br /> 1.4 PHASE 3 - CONSTRUCTION ADMINISTRATION <br /> The Construction Phase of the Project will commence with the award of the <br /> construction contract and will terminate when the Project is accepted by the CITY. The <br /> ARCHITECT will: <br /> 1.4.1 Unless otherwise provided in this Agreement and incorporated in the construction <br /> contract documents, provide administration of the construction contract as set forth in this <br /> Agreement and in the construction contract documents. ARCHITECT will not pursue a <br /> course of conduct which might jeopardize any of the CITY's rights thereunder. Minor <br /> deviations from the construction contract documents that do not affect the validity of <br /> performance bond(s) are 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 <br /> CITY to Contractor will be promptly communicated to the ARCHITECT if the ARCHITECT <br /> was unavailable at the time of issuance of instructions. <br /> 1.4.3 Conduct a pre-construction conference with the Contractor and members of CITY's <br /> staff, to establish construction schedules and to identify key representatives of the parties <br /> and lines of communication. <br /> 1.4.4 Make on-site observations of the Project at least twice per week to ensure familiarity <br /> with the progress and quality of the work, to determine if the work is proceeding in <br /> acceptable conformance with the construction contract documents, and to revie,w the work <br /> with the CITY's designated representatives. On the basis of such on-site observations by <br /> the ARCHITECT, the ARCHITECT will keep the CITY informed of the progress and quality <br /> of the work through written field reports and weekly 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 /> 1.4.5 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 />