Res 1995-164 - Laserfiche WebLink

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. /(jc, performance bond(s) are permitted. 1.4.2 Be a representative but not an agent of the CITY during the construction phase, and advise and consult with the CITY and provide progress reports and advice to the CITY in writing; forward the CITY's instructions to the Contractor unless (1) ENGINEER is unavailable by telephonic communication or otherwise to issue instructions necessary for the proper progress and acceptance of work; (2) jeopardy to life and/or property exists; and/or (3) lack of instructions and/or unavailability of ENGINEER will result in, in CITY's opinion, harm to CITY, in which case instructions may be forwarded directly to the Contractor by the CITY; have authority to act on behalf of the CITY only to the extent provided herein and in the construction contract documents unless otherwise modified by written instrument in accordance with Section 11.1 Any instructions issued directly by .CITY to Contractor will be promptly communicated to the ENGINEER if the ENGINEER was unavailable at the time òf issuance of instructions. 1.4.3 Conduct a pre-construction conference with the Contractor and members of CITY's staff, to establish construction schedules and to identify key representatives of the parties and lines of communication. 1.4.4 Make on-site observations of the Project periodically to ensure familiarity with the progress and quality of the work, to determine if the work is proceeding in accèptable conformance with the construction contract documents, and to review the work with the CITY's designated representatives. On the basis of such on-site observations by the ENGINEER, the ENGINEER will keep the CITY informed of the progress and quality of the work through written field reports and weekly meetings with the CITY's representative; and will also be reasonably available to perform site visitations at the specific request of the CITY by the next business day after a request is made. 1.4.5 Not have control or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions of the Contractor, subcontractors or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the construction contract documents unless such acts or omissions are due to the negligence of the ENGINEER or are acts or omissions under the ENGINEER's control. However, ENGINEER will exercise its authority on behalf of CITY in accordance herewith and particularly during the construction phase so that all work performed by the Contractor results in a Project completed in accordancE? with the construction contract documents, and during any phase should the ENGINEER become aware of the Contractor's utilization of means, methods, techniques, sequences and/or procedures of construction which, in ENGINEER's opinion, will not result in completion of the Project in accordance with the construction contract documents or which are unsafe, ENGINEER will immediately inform the CITY and will take all necessary action which the ENGINEER is authorized under this Agreement to take to correct the matter. In such situations, the ENGINEER will have the right and power, with the concurrence of the CITY, to immediately cease the work by Contractor on the Project.