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<br />1.5.6 Provide administration of the construction contract as set forth in the construction <br />documents unless otherwise provided in this Agreement and incorporated in the <br />construction contract documents. Consultant will not pursue a course of conduct which <br />might jeopardize any of the City's rights thereunder. Minor deviations from the construction <br />contract documents that do not affect the validity of performance bond(s) are permitted. <br /> <br />1.5.7 Be a representative but not an agent of the City during the construction phase, and <br />advise and consult with the City and provide progress reports and advice to the City in <br />writing; forward the City's instructions to the Contractor unless (1) Consultant is unavailable <br />by telephonic communication or otherwise to issue instructions necessary for the proper <br />progress and acceptance of work; (2) jeopardy to life and/or property exists; and/or (3) lack <br />of instructions and/or unavailability of Consultant will result in, in City's opinion, harm to <br />City, in which case instructions may be forwarded directly to the Contractor by the City; <br />have authority to act on behalf of the City only to the extent provided herein and in the <br />construction contract documents unless otherwise modified by written instrument in <br />accordance with Section 12.1. Any instructions issued directly by City to Contractor will be <br />promptly communicated to the Consultant if the Consultant was unavailable at the time of <br />issuance of instructions. <br /> <br />1.5.8 Conduct a pre-construction conference with the Contractor, members of City's staff, <br />representatives of affected utility providers, and federal and state agencies having <br />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. <br /> <br />1.5.9 Assist the City in ensuring that all applicable permits and approvals have been <br />obtained from the appropriate agencies prior to construction. <br /> <br />1.5.10 Make on-site inspections of the Project at least weekly to ensure familiarity with the <br />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 <br />City's designated representatives. On the basis of such on-site inspections by the <br />Consultant, the Consultant will keep the City informed of the progress and quality of the <br />work through written status reports and through meetings with the City's representative; <br />and will also be reasonably available to perform site visitations at the specific request of <br />the City by the next business day after a request is made. The Consultant will conduct <br />monthly progress meetings with City staff at City offices. <br /> <br />1.5.11 Not have control or charge of and will not be responsible for construction means, <br />methods, techniques, sequences or procedures, or for safety precautions and programs <br />in connection with the work, for the acts or omissions of the Contractor, subcontractors or <br />any other persons performing any of the work, or for the failure of any of them to carry out <br />the work in accordance with the construction contract documents unless such acts or <br />omissions are due to the negligence of the Consultant or are acts or omissions under the <br />Consultant's control. However, Consultant will exercise its authority on behalf of City in <br />accordance herewith and particularly during the construction phase so that all work <br /> <br />6 <br />