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<br />A. Administer the construction services as set forth in the City's construction contract documents. <br />The Consultant will not pursue a course of conduct that might jeopardize any of the City's rights <br />under those documents. The Consultant may pennit minor deviations from the construction contract <br />documents that do not affect the validity of performance bonds. <br /> <br />B. Be a representative but not an agent of the City, and advise and consult with the City and provide <br />written progress reports and advice to the City; forward the City's instructions to the construction <br />contractor unless 1) the Consultant is unavailable in person or by telephone to issue instructions <br />necessary for the proper progress and acceptance of work, 2) jeopardy to life and/or property exists, <br />or 3) lack of instructions and/or unavailability of the Consultant will, in the City's opinio~ result in <br />harm to the City, in which cases the City may forward instructions directly to the construction <br />contractor; have authority to act on behalf of the City only to the extent provided herein and in the <br />construction contract documents. The City will advise the Consultant of any instructions issued <br />directly by the City to the construction contractor if the Consultant was unavailable at the time of <br />issuance of the instructions. <br /> <br />C. Make on-site professional inspections of the project to ensure familiarity with the progress and <br />quality of the work, to determine if the work is proceeding in acceptable conformance with the <br />construction contract documents, and to review the work with the City's designated representatives. <br />On the basis of these inspections, the Consultant will keep the City informed of the pr~gress and <br />quality of the work through written status reports. The Consultant will also be reasonably available <br />to perform site visitations at the specific request of the City by the next business day after a request <br />is made. <br /> <br />D. Not have control or charge of and will not be responsible for construction means, methods, <br />techniques, sequences or procedures, or for safety precautions and programs in connection with the <br />work, for the acts or omissions of the construction contractor, subcontractors or any other persons <br />performing any of the work, or for the failure of any of them to carry out the work in accordance with <br />the construction contract documents, unless the acts. or omissions are due to the negligence of the <br />Consultant or are acts or omissions under the Consultant's control. However, the Consultant will <br />exercise it~ authority on behalf of the City so that all work performed by the construction contractor <br />results in a project completed in accordance with the construction contract documents. If the <br />Consultant becomes aware of the construction contractor's utilization of means, methods, <br />techniques, sequences and/or procedures of construction which, in the Consultant's opinion, will not <br />result in completion of the project in accordance with the construction contract documents or which <br />are unsafe, the Consultant will immediately inform the City and will take all necessary action which <br />the Consultant is authorized to take under the construction contract documents to correct the matter. <br /> <br />E. Determine the amounts owing to the construction contractor based on its on-site professional <br />inspections and on evaluations of the construction contractor's applications for payment, including <br />comparisons of the construction contractor's monthly cost reports with its applications for payment, <br /> <br />2 <br />