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equipment choice and usage, sequences, schedules, or procedures of construction selected by <br />contractor, for safety precautions and programs incident to contractor's work, nor for any failure <br />of contractor to comply with laws and regulations applicable to contractor's furnishing and <br />performing the Work. Accordingly, the Engineer neither guarantees the performance of any <br />contractor nor assumes responsibility for any contractor's failure to furnish and perform its work <br />in accordance with the Contract Documents. <br />1.4.9 The Engineer shall not be responsible for the acts or omissions of any contractor, or of <br />any of their subcontractors, suppliers, or of any other individual or entity performing or <br />furnishing the Work. The Engineer shall not have the authority or responsibility to stop the work <br />of any contractor. <br />1.4. 10 Make recommendations with respect to defective work. The Engineer will recommend to <br />the City that contractor's work be disapproved and rejected while it is in progress if, on the basis <br />of such observations, the Engineer believes that such work will not produce a completed Project <br />that conforms generally to Contract Documents. <br />1.4.11 Provide clarifications and interpretations. The Engineer will respond to reasonable and <br />appropriate contractor requests for information (assume 30) and issue necessary clarifications <br />and interpretations of the Contract Documents to the City as appropriate to the orderly <br />completion of contractor's work. Any orders authorizing variations from the Contract <br />Documents will be made by the City. <br />1. 14.12 Review and approve or take other appropriate action in respect to Shop Drawings and <br />Submittals and other data which contractor is required to submit, but only for conformance with <br />the information given in the Contract Documents. Such review and approvals or other action <br />will not extend to means, methods, techniques, equipment choice and usage, sequences, <br />schedules, or procedures of construction or to related safety precautions and programs. <br />1.14.13 Evaluate and determine the acceptability of substitute or "or- equal" materials and <br />equipment proposed by Contractor in accordance with the Contract Documents, but subject to <br />the provisions of applicable standards of state or local government entities. <br />1.14.14 If requested by the City, render written decision on all claims of City and contractor <br />relating to the acceptability of contractor's work or the interpretation of the requirements of the <br />Contract Documents pertaining to the progress of contractor's work. In rendering such decisions, <br />the Engineer shall be fair and not show partiality to City or contractor and shall not be liable in <br />connection with any decision rendered in good faith in such capacity. <br />1. 14.15 Assist the city in verifying the submission by the Contractor, and subcontractors <br />performing work on the Project site, of periodic wage rate payment reports and assist the City in <br />verifying compliance with federal and state wage rate requirements for the Project. <br />1. 14.16 In addition to wage rates, the Engineer will obtain Contractor submittals and prepare <br />Kimley Hom — FM 2439 (Hunter Road) <br />24 <br />