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<br /> I' gOD <br /> -5- <br /> 1.4.2 Be a representative but not an agent of the CITY during <br /> the respective construction phase, and will advise and consult <br /> with the CITY and provide progress reports and advice to the CITY <br /> in writing¡ forward the CITY's instructions to the Contractor, <br /> unless (1) ENGINEER is unavailable by telephonic communication or <br /> otherwise to issue instructions necessary for the proper progress <br /> and acceptance of work¡ (2) jeopardy to life and/or property <br /> exists¡ and/or (3) lack of instructions and/or unavailability of <br /> ENGINEER will result in, in CITY's opinion, harm to CITY, in which <br /> case instructions may be forwarded directly to the Contractor by <br /> - CITY¡ Have authority to act behalf of the CITY only to the <br /> on <br /> extent provided herein and in the construction contract documents <br /> unless otherwise modified by written instrument in accordance with <br /> Section 11.1. Any instructions issued directly by CITY to <br /> Contractor will be promptly communicated to the ENGINEER if the <br /> ENGINEER was unavailable at the time of issuance of instructions. <br /> 1.4.3 Conduct a pre-construction conference with the <br /> Contractor 'and members of CITY's staff, to establish construction <br /> schedules and to identify key representatives of the parties and <br /> lines of communication; and attend a meeting with property <br /> owners/tenants of the block (s) of the respective construction <br /> phase to discuss construction sequencing. <br /> 1.4.4 Make on-site observations of the Project at least once <br /> per week to ensure familiarity with the progress and quality of <br /> the work, to determine if the work is proceeding in acceptable <br /> conformance with the construction contract documents, and to <br /> review the work with the CITY's designated representative. On the <br /> basis of such on-site observations by the ENGINEER, the ENGINEER <br /> will keep the CITY informed of the progress and quality of the <br /> work through written field reports and weekly meetings with the <br /> CITY's representative. The ENGINEER will also be reasonably <br /> available to perform site visitations at the specific request of <br /> 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 <br /> responsible for construction means, methods, techniques, sequences <br /> or procedures, or for safety precautions and programs in <br /> connection with the work, for the acts or omissions of the <br /> Contractor, subcontractors or any other persons performing any of <br /> the work, or for the failure of any of them to carry out the work <br /> in accordance with the construction contract documents unless such <br /> acts or omissions are due to negligence of the ENGINEER or are <br /> acts or omissions under the ENGINEER's control. However, ENGINEER <br /> will exercise its authority on behalf of CITY in accordance <br /> herewith and particularly during the Construction Administration <br /> task so that all work performed by the Contractor results in a <br /> Project completed in accordance with the construction contract <br /> documents, and should the ENGINEER become aware of the <br /> Contractor's utilization of any means, methods, techniques, <br /> sequences and/or procedures of construction which, in ENGINEER's <br /> opinion, will not result in completion of the Project in <br /> accordance with the construction contract documents or which are <br />