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<br />. <br /> <br />. <br /> <br />. <br /> <br />3.4 <br /> <br />CONSTRUCTION PHASE <br /> <br />During the Construction Phase, CITY may authorize ENGINEER to perform one or more ofthe following services: <br /> <br />3.4.1 General Administration afConstruction Contract. ENGINEER shall consult with and advise <br />CITY and act as CITY's representative. All of CITY's instructions to Contractor(s) will be issued through <br />ENGINEER who will have authority to act on behalf of CITY to the extent provided in BRW's General Conditions <br />to the Construction Contract except as otherwise provided in writing. BRW's General Conditions to the <br />Construction Contract shall not be modified except to the extent provided in any Work Order without the written <br />agreement of the ENGlNEER. <br /> <br />3.4.2 Visits 10 Site and Observation afConstruc/ion. ]n connection with observations of the work of <br />Contractor(s) while it is in progress: <br /> <br />3.4.2.t ENGINEER shall make visits to the site at intervals appropriate to the various stages of <br />constmction as ENGINEER deems necessary in order to observe as an experienced and qualified design <br />professional the progress and quality of the various aspects ofContractor(s)' work. In addition, if requested <br />by CITY, ENGINEER shall provide the services ofa Resident Projcct Representative (and assistants as <br />agreed) at the site to assist ENGINEER and to provide more continuous observation of such work. Based <br />on information obtained during such visits and on such observations, ENGINEER shall endeavor to <br />determine in general if such work is proceeding in accordance with the Contract Documents and <br />ENGINEER shall keep CITY informed of the progress of the work. <br /> <br />3.4.2.2 The Resident Project Representative (and any assistants) will be ENGINEER's agent or emptoyee <br />and under ENGINEER's supervision. The duties and responsibilities oflhe Rcsident Project <br />Representative (and assistants) are set forth in Exhibit C, "Duties, Responsibilities and Limitations of <br />Authority of the Resident Project Representative". <br /> <br />3.4.2.3 The purpose of ENGINEER's visits to the site and representation by the Resident Project <br />Representative (and assistants, if any) at the site will be to enable ENGINEER to better carry out the duties <br />and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase., and, in <br />addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional. to <br />provide for CITY a greater degree of confidence that the completed work of Contractor(s) will conform in <br />general to the Contract Documents and that the integrity of the design concept ofthe completed Project as <br />reflected in the Contract Documents has been implemented and preserved by Contractor(s). On the other <br />hand. ENGINEER shall not. during such visits or as a result of such observations of Contractor(s)' work in <br />progress, supervise, direct or have eontrot over Contractor(s)' work nor shall ENGINEER have authority <br />over or responsibility for the means, methods, techniques, sequences or procedures of construction selected <br />hy Contractor(s), for safety precautions and programs incident to the work ofContractor(s) or for any <br />failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to <br />Contractor(s)' furnishing and performing the work. Aecordingty, ENGINEER neither guarantees the <br />performance of any Contractor(s) nor assumes responsibility for any Contractor(s)' failure to furnish and <br />perfonn its work in accordance with the Contract Documents. <br /> <br />3.4.2.4 lfENGINEER observes or otherwise becomes aware of defects or deficiencies in the work, or <br />nonconformance to the Contract Documents, ENGINEER shall promptly give v..rritten notice thereof to <br />CITY. <br /> <br />3.4.3 Defective Work. During such visits and on the hasis of such observations, ENGINEER may <br />disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not <br />produce a completed Project that confonns generally to the Contract Documents or that it will prejudice the integrity <br />of the design concept of the completed Project as indicated in the Contract Documents. <br /> <br />ARDEN.WPD <br /> <br />Rev. December ]2, ]997 <br /> <br />6 <br />