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1.6.12 Be a representative but not an agent of the City during the construction phase, and advise <br />and consult with the City and provide written progress reports and advice to the City; serve as <br />the City's direct contact with the Contractor and forward the City's instructions to the Contractor <br />unless (1) Consultant is unavailable by telephonic communication or otherwise to issue <br />instructions necessary for the proper progress and acceptance of work; (2) jeopardy to life and/or <br />property exists; and/or (3) lack of instructions and/or unavailability of Consultant will result in, <br />in City's 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 provided <br />herein and in the construction contract documents unless otherwise modified by written <br />instrument in accordance with Section 12.1. The City will promptly advise the Consultant of any <br />instructions issued directly by the City to the construction contractor if the Consultant was <br />unavailable at the time of issuance of instructions. <br />1.6.13 Assist the City in conducting a pre - construction conference with the Contractor, members <br />of the City's staff, representatives of affected utility providers, and federal and state agencies <br />having 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. The <br />Consultant will be responsible for providing an agenda and for keeping accurate minutes of this <br />meeting. The Consultant will distribute minutes to the interested parties within five calendar <br />days of the conference. The City will arrange for the location of the meeting. <br />1.6.14 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. on the basis of such on -site inspections by the Consultant, the <br />Consultant will keep the City informed of the progress and quality of the work through written <br />status reports and through meetings with the City's representative; and will also be reasonably <br />available to perform site visitations at the specific request of the City by the next business day <br />after a request is made. A total of 24 Project inspections are included in the scope of this <br />Agreement. <br />1.6.15 Conduct meetings with the City and other interested parties twice monthly to review <br />progress on the Project. The Consultant will present a Project working day update, submittal log, <br />R.FI log, Change and Field order log. The Consultant will prepare meeting agendas for each <br />meeting and distribute meeting minutes within five calendar days of each meeting. <br />1.6.16 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 />such acts or omissions are due to the negligence of the Consultant or are acts or omissions under <br />the Consultant's control. However, the Consultant will exercise its authority on behalf of the <br />Luck Design — Gary Sports Complex Improvements — Phase I Project Agreement <br />10 <br />