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<br />will advise the City of data and information the Engineer needs to perform its services, and <br />the Engineer will meet with City representatives at mutually convenient times to assemble <br />this data and information. <br /> <br />1.2 BASIC SERVICES <br /> <br />1.2.1. The Engineer's Basic Services for the Project will consist of the services described <br />as Phases I through V inclusive, in Attachment A of this Agreement. <br /> <br />Construction Administration <br /> <br />During the Construction Phase, the Engineer will: <br /> <br />1.2.2 Administer the construction services as set forth in the City's construction contract <br />documents. The Engineer will not pursue a course of conduct which might jeopardize any <br />of the City's rights under those documents. The Engineer may permit minor deviations <br />from the construction contract documents that do not affect the validity of performance <br />bonds. <br /> <br />1.2.3 Be a representative but not an agent of the City, and advise and consult with the <br />City and provide progress reports and advice to the City in writing; forward the City's <br />instructions to the Contractor unless 1) the Engineer is unavailable in person or by <br />telephone to issue instructions necessary for the proper progress and acceptance of work, <br />2) jeopardy to life and/or property exists, or 3) lack of instructions and/or unavailability of <br />the Engineer will, in the City's opinion, result in harm to the City, in which cases the City <br />may forward instructions directly to the Contractor; have authority to act on behalf of the <br />City only to the extent provided herein and in the construction contract documents, unless <br />modified in accordance with Section 11.1. The City will convey to the Engineer any <br />instructions issued directly by the City to the Contractor if the Engineer was unavailable at <br />the time of issuance of the instructions. <br /> <br />1.2.4 Make on-site professional inspections of the Project 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 these inspections, the Engineer will <br />keep the City informed of the progress and quality of the work through written status <br />reports. The Engineer will also be reasonably available to perform site visitations at the <br />specific request of the City by the next business day after a request is made. <br /> <br />1.2.5 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 the acts or <br />omissions are due to the negligence of the Engineer or are acts or omissions under the <br /> <br />2 <br />