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Reports and Quantity Book,determine the amounts owing to the Contractor(s)and prepare an <br /> Engineer's Payment Estimate recommending the amount of payment for completed work. Such <br /> recommendations of payment shall constitute a representation to the City's Representative, based <br /> on such observations and review, that the work has progressed to the point indicated and that to <br /> the best of the Consulting Engineer's knowledge, information and belief,the quality of such work <br /> is in accordance with the Contract Documents(subject to an evaluation of such work as a <br /> functioning Project upon Substantial Completion,to the results of any subsequent tests called for <br /> in the Contract Documents, and to any qualifications stated in his recommendation), and that <br /> payment of the amount recommended is due the Contractor(s). The Engineer's Payment Estimate <br /> shall be prepared not less than monthly while construction is proceeding. The pay estimate shall <br /> be prepared on a spreadsheet form completed and supplied by the City's Representative at the <br /> beginning of this phase of work. <br /> 10. Determination of Substantial Completion. If requested by the City,the Consulting Engineer may <br /> conduct an inspection to determine if the Project is substantially complete and conduct a final <br /> inspection to determine if the work has been completed in accordance with the Contract <br /> Documents and if each Contractor has fulfilled all of his obligations there under so that the <br /> Consulting Engineer may recommend,in writing,final payment to each Contractor and may give <br /> written notice to the City's Representative and the Contractor(s)that the work is acceptable <br /> (subject to any conditions therein expressed). <br /> 11. Authority and Responsibility. The Consulting Engineer shall not guarantee the work of any <br /> Contractor or Subcontractor, shall have no authority to stop work,shall have no supervision or <br /> control as to the work or persons doing the work, shall not have charge of the work, shall not be <br /> responsible for safety in,on, or about the job-site or have any control of the safety or adequacy of <br /> any equipment, building component, scaffolding,supports, forms or other work aids, and shall <br /> have no duties or responsibilities imposed by the Structural Work Act upon the "owner"under <br /> that Act and shall not be the "person in control of work" within the meaning of that Act. <br /> 12. Consulting Engineer Not Responsible for Acts of Contractor. The Consulting Engineer shall not <br /> be responsible for the supervision or control of the acts or omissions or construction means, <br /> methods or techniques of any Contractor,or Subcontractor, or any of the Contractor(s)'or <br /> Subcontractors'agents or employees or any other person(except the Consulting Engineer's own <br /> employees and agents) at the site or otherwise performing any of the Contractor(s)'work; <br /> however,nothing contained in this contract shall be construed to release the Consulting Engineer <br /> from liability for failure to properly perform duties undertaken by him in these Contract <br /> Documents or this Agreement. <br /> 13. Completion Time. The Consulting Engineer shall complete the Construction Inspection Phase <br /> within the time period set forth in Exhibit C,Project Timeline. <br /> SECTION III. CITY'S RESPONSIBILITIES <br /> The City shall, <br /> A. FURNISH REQUIREMENTS AND LIMITATIONS. Provide all criteria and full information as <br /> to the City's requirements for the Project,including design objectives and constraints,space,capacity <br /> and performance requirements,flexibility and expandability,economic parameters and any budgetary <br /> limitations; and furnish copies of all design and construction standards which the City will require to <br /> be included in the Drawings and Specifications. <br /> 4 <br /> Last Revised:2/03/2022 <br />