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relating to the acceptability of the work or the interpretation of the requirements of the <br /> Contract Documents pertaining to the execution and progress of the work. <br /> 9. Prepare Engineer's Pay Estimate.The Professional Service Provider shall, based on the <br /> Professional Service Provider's on-site observations as an experienced and qualified inspector and <br /> on review of the Inspectors Daily Reports and Quantity Book,determine the completion amounts <br /> owing to the Contractor(s)and provide advise the City's Representative on the preparation of 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 Professional Service Provider's knowledge, information and belief,the quality of <br /> such work is in accordance with the Contract Documents(subject to an evaluation of such work <br /> as a functioning Project upon Substantial Completion,to the results of any subsequent tests called <br /> for 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). <br /> 10. Determination of Substantial Completion. The Professional Service Provider shall conduct an <br /> inspection to determine if the Project is substantially complete and conduct a final inspection to <br /> determine if the work has been completed in accordance with the Contract Documents and if each <br /> Contractor has fulfilled all of his obligations there under so that the Professional Service Provider <br /> may recommend, in writing, final payment to each Contractor and may give written notice to the <br /> City's Representative and the Contractor(s)that the work is acceptable(subject to any conditions <br /> therein expressed). <br /> 11. Authority and Responsibility. The Professional Service Provider shall not guarantee the work of <br /> any Contractor or Subcontractor, shall have no authority to stop work, shall have no supervision <br /> or control as to the work or persons doing the work, shall not have charge of the work, shall not <br /> be responsible for safety in,on,or about the job-site or have any control of the safety or adequacy <br /> of 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. Professional Service Provider Not Responsible for Acts of Contractor. The Professional Service <br /> Provider shall not be responsible for the supervision or control of the acts or omissions or <br /> construction means, methods or techniques of any Contractor, or Subcontractor,or any of the <br /> Contractor(s)'or Subcontractors'agents or employees or any other person(except the <br /> Professional Service Provider's own employees and agents)at the site or otherwise performing <br /> any of the Contractor(s)'work; however, nothing contained in this contract shall be construed to <br /> release the Professional Service Provider from liability for failure to properly perform duties <br /> undertaken by him in these Contract Documents or this Agreement. <br /> 13. Preparation of Record Drawings Not included in this contract <br /> 14. Completion Time. The Professional Service Provider shall complete the Construction Inspection <br /> Phase within the time period set forth in Exhibit C, Project Timeline. <br />