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134. <br /> <br /> Attachment B <br /> City of San Marcos, Texas <br />Terms and Conditions for Architect/Engineer Agreements <br /> <br />1. Standards of Perfortnance <br /> <br />A. The performance of all services by the Consultant under <br />this Agreement will be by persons appropriately licensed or <br />registered under State, local and Federal laws. <br /> <br />B In performing all services nnder this Agreement, the <br />Consultaat will use that degree of care and skill ordiuarily <br />exercised for similar projects by professional consulting <br />firms who possess special expertise in the types of services <br />involved uuder this Agreement. <br /> <br />C. Any provisions in this Agreernent pertaining to the <br />City's review, approval and /or acceptaace of written <br />materials prepared by the Consultant and/or its <br />subconsultants in connection with this Agreement will not <br />diminish the Consultant's respoasibility for tile materials. <br /> <br />D. Tile Consultant will perform ali of its services ill <br />coordination with the City. The Consultant will advise the <br />City of data and information the Consultant needs to <br />perfom~ its services, aud the Consultant will meet with City <br />representatives at mutually coavenient times to assemble <br />this data and illformation. <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 tl~e Consultant <br />regarding the City's requirements for the Consultant's <br />services under this Agreement. The City will fia'nish the <br />Consultant with copies of official City design standards and <br />construction standards, and other data and information in <br />the City's possession needed by the Consultant: at the <br />Consultant's request. <br /> <br />B. The City will designate an authorized represeatative to <br />act on the City's behalf with respect to this Agreement. The <br />City will examine documents and information submitted by <br />the Constdtant, and promptly render responses to the <br />Consultant ou issnes requiring a decision by tile City. <br /> <br />3. Construction Administration Services (applies only <br /> <br />if incloded in Consultant's scope of services) <br /> <br />Dnring the construction phase of this prqject, the <br />Consultaltt will: <br /> <br />A. Administer the construction services as set forth in the <br />City's construction contract documents. The Consultaat <br />will not pursue a course of conduct that might jeopardize <br />any of the City's rights under those documents. Tile <br />Consultmtt may permit minor deviations fi'om tile <br />constroction contract documents that do not affect the <br />validity of performance bonds. <br /> <br />B. Be a representative but not an agent of the City, and <br />advise and consult with the City and provide written <br />progress reports and advice to the City; forward the City's <br />instructions to the construction contractor nnless [) the <br />Consultant is unavailable in person or by telephone to issue <br />instructions necessary tbr the proper progress and <br />acceptance of work, 2) jeopardy to life and/or property <br />exists, or 3) lack of instructions and/or unavailability of the <br />Consultant will, in the City's opinion, result itl harm to the <br />City, itl which cases the City may forward iustructions <br />directly to the construction contractor; have authority to act <br />oil behalf of the City only to the exteat provided herein and <br />in the construction contract documents. The City will <br />advise the Coasultaat ofaay insmlctions issued directly by <br />tile City to the construction contractor if the Consultant was <br />unavailable at the time of issuance of the instroctions. <br /> <br />C. Make ou-site professional inspections of the project to <br />ensure familiarity with the progress and quality of the work, <br />to determine if the work is proceeding in acceptable <br />co~lfornlance with the construction contract docmnents, and <br />to review the work with the City's designated <br />representatives. On the basis of these inspections, the <br />Coasultant will keep tile City informed of the progress and <br />quality of the work through written status reports. The <br />Consultant will also be reasouably available to pet'fon'n 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 conttol or charge of and will not be <br />responsible fol' construction means, methods, techoiques, <br />sequences or procedures, or for safety precautions and <br />programs in connection with the work, for tile acts or <br />omissions of the consn'uction contractor, subcontractors or <br />any other persons perforrning any of the work, or for the <br />failnre of any of them to carry out the work in accordance <br />with tile constroction contract documents, unless the acts or <br /> <br /> <br />