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<br />Attachment C <br />Citv of San Marcos, Texas <br />Terms and Conditions for ArchitectlEn~ineer A~reements <br /> <br />1. Standards of Performance <br /> <br />(a) The performance of all services by the Consultant <br />under this Agreement will be by persons appropriately <br />licensed or registered under State, local and Federal <br />laws. <br /> <br />(b) In performing all services under this Agreement, <br />the Consultant will use that degree of care and skill <br />ordinarily exercised for similar projects by professional <br />consulting firms who possess special expertise in the <br />types of services involved under this Agreement. <br /> <br />(c) Any provisions in this Agreement pertaining to the <br />City's review, approval and lor accep,tance of wTitten <br />materials prepared by the Consultant and/or its <br />subconsultants in connection with this Agreement will <br />not diminish the Consultant's responsibility for the <br />materials. <br /> <br />(d) The Consultant will perform all of its services in <br />coordination with the City. The Consultant will advise <br />the City of data and information the Consultant needs <br />to perform its services, and the Consultant will meet <br />with City representatives at mutually convenient times <br />to assemble this data and information. <br /> <br />(e) In performing all services under this Agreement, the <br />Consultant will comply with all local, state and federal <br />laws. <br /> <br />2. City's Responsibilities <br /> <br />(a) The City will provide information to the Consultant <br />regarding the City's requirements for the Consultant's <br />services under this Agreement. The City will furnish <br />the Consultant with copies of official City design <br />standards and construction standards, and other data <br />and information in the City's possession needed by the <br />Consultant, at the Consultant's request. <br /> <br />(b) The City will designate an authorized <br />representative to act on the City's behalf with respect <br />to this Agreement. The City will examine documents <br />and information submitted by the Consultant, and <br />promptly render responses to the Consultant on issues <br />requiring a decision by the City. <br /> <br />3. Construction Administration Services (applies <br />only if included in Consultant's scope of services) <br /> <br />During the construction phase of this project, the <br />Consultant will: <br /> <br />(a) Administer the construction services as set forth in <br />the City's construction contract documents. The <br />Consultant will not pursue a course of conduct that <br />might jeopardize any of the City's rights under those <br />documents. The Consultant may permit minor <br />deviations from the construction contract documents <br />that do not affect the validity of performance bonds. <br /> <br />(b) Be a representative but not an agent of the City, <br />and advise and consult with the City and provide <br />wTitten progress reports and advice to the City; forward <br />the City's instructions to the construction contractor <br />unless I) the Consultant is unavailable in person or by <br />telephone to issue instructions necessary for the proper <br />progress and acceptance of work, 2) jeopardy to life <br />and/or property exists. or 3) lack of instructions and/or <br />unavailability of the Consultant will, in the City's <br />opinion, result in harm to the City, in which cases the <br />City may forward instructions directly to the <br />construction contractor; have authority to act on behalf <br />of the City only to the ex:tent provided herein and in the <br />construction contract documents. The City will advise <br />the Consultant of any instructions issued directly by the <br />City to the construction contractor if the Consultant <br />was unavailable at the time of issuance of the <br />instructions. <br /> <br />(c) Make on-site professional inspections of the <br />project to ensure familiarity with the progress and <br />quality of the work, to determine if the work is <br />proceeding in acceptable conformance with the <br />construction contract documents, and to review the <br />work with the City's designated representatives. On <br />the basis of these inspections, the Consultant will keep <br />the City informed of the progress and quality of the <br />work through written status reports. The Consultant <br />will also be reasonably available to perform site <br />visitations at the specific request of the City by the next <br />business day after a request is made. <br /> <br />(d) Not have control or charge of and will not be <br />responsible for construction means, methods, <br />