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<br /> 1.4.5 Unless otherwise provided in this AGREEMENT and incorporated <br /> into the contract documents, the CONSULTANT shall provide <br /> administration of the contract for construction as set forth herein and <br /> in the contract documents approved by CITY. CONSULTANT's <br /> administration of the contract for construction shall be provided in <br /> strict adherence with the contract documents and CONSULTANT shall not <br /> pursue a course of conduct which might jeopardize any of CITY's rights <br /> thereunder. <br /> 1.4.6 The CONSULTANT shall be a representative but not an agent of the <br /> CITY during the Construction Phase, and shall advise and consult with <br /> the CITY. CITY's instruction to the Contractor shall be forwarded <br /> through the CONSULTANT, unless (1) CONSULTANT is unavailable by <br /> telephonic communication or otherwise to issue instructions necessary <br /> for the proper progress and acceptance of work; (2) when jeopardy to <br /> life and/or property exists; and/or (3) when lack of instructions or <br /> unavailability of CONSULTANT will result in, in CITY's opinion, harm to <br /> CITY, in which case instructions may be forwarded directly to the <br /> Contractor by CITY. The CONSULTANT shall have authority to act on <br /> behalf of the CITY only to the extent provided herein and in the <br /> contract documents unless otherwise modified in accordance with Section <br /> 1. 4 . 15. Any instructions issued directly by CITY to Contractor shall <br /> be immediately communicated to CONSULTANT by letter if the CONSULTANT <br /> was unavailable at the time of issuance of instructions. <br /> 1.4.7 The CONSULTANT shall make professional on-site inspections of <br /> the Project often enough to ensure familiarity with the progress and <br /> quality of the Contractor's work ("Work"), to determine if the Work is <br /> proceeding in acceptable conformance with the Contract Documents, and <br /> to review the Work with the CITY's inspector. However, such <br /> inspections shall not be less than two (2) per month. On the basis of <br /> such on-site professional inspections as an engineer, the CONSULTANT <br /> shall keep the CITY informed of the progress and quality of the Work. <br /> In performing these services, the CONSULTANT will endeavor to protect <br /> the CITY against defects and deficiencies in the quality and quantity <br /> of the Work of the Contractor if such are within its knowledge or <br /> should reasonably have been within its knowledge. <br /> -6- <br />