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<br />- 3 - <br /> <br />I <br /> <br />Enqineer's efforts will be directed towards providing <br />assurance for the owner that the completed project <br />will conform to the plans and specifications, but <br />Engineer shall not be responsible for the failure of <br />the contractor to perform the construction work in <br />accordance ~ith the plans and specifications and <br />the contractor's contract, as long as Engineer shall <br />report to the City any deficiencies in the work <br />actually detected by Engineer. During such visits <br />and on the basis of on-site observations, Engineer <br />shall consult and advise with City during construction <br />and submit to City periodic reports on progress of <br />construction when such reports are requested by City. <br />16) Review and approve in writing monthly and final esti- <br />mates for payments to construction contractor, and <br />in this respect check the contractor's weekly payroll <br />record for compliance with wage rate and category <br />provisions of the contract by comparing payroll re- <br />cords with specification requirements. <br />17) Perform in company with City representatives an in- <br />spection of the work as finally in place and proposed <br />to be completed by the construction contractor for <br />Conditional Approval and Final Acceptance by <br />the City and approve in writing final payment <br />to the contractors. <br />18) Consult and advise City; issue all instructions <br />to the Contractor requested by City; and prepare <br />routine change orders as required. <br />19) Hold periodic conferences with the City or its <br />representatives to the end that the project developed <br />shall have the full benefit of the City's experience <br />and knowledqe of existing needs and facilities, and <br />be consistent with its current policies and standards. <br />20) Attend neighborhood meetings held in connection with <br />Project when requested to do by City. <br />21) Prepare contract documents. <br /> <br />I <br /> <br />C. Engineer agrees to commence the services to be performed <br />under this Agreement immediately upon notification by <br />City of approval of the Agreement and to complete the <br />final plans within (40) working days. Engineer shall <br />submit weekly status reports on said performance. The <br />reports shall be in duplicate, one to the Director of <br />Community Services and the other to the Director of Public <br />Works. The first weekly status report shall be due seven <br />(7) days from the date of notification by City of approval <br />of this agreement. Subsequent reports shall be due weekly. <br />If Engineer fails to furnish the completed work as herein <br />required, Engineer by the execution of this 'Agreement <br />acknowledges that City will sustain damages and hereby <br />agrees to forfeit to City as liquidated damages and not <br />as a penalty, the sum of fifty dollars ($50.00) for each <br />day beyond the required day for completion until day of <br />completion with said amount to be withheld and deducted <br />from any amount due or owing Engineer. Engineer shall not <br />be liable or responsible for, and there shall be excluded <br />from the computation of the aforesaid periods of time, any <br />delays due to inclement weather, strikes, riots, acts of <br />God, national emergency, governmental restrictions, laws <br />or requlations, or any other causes similar to those enu- <br />merated beyond Engineer's reasonable control. <br /> <br />I <br /> <br />D. All documents including the original drawings, estimates, <br />specifications, field notes and data, will remain the <br />property of Engineer as instruments of service. However, <br />it is to be understood that the City shall have free access <br />to all such information with the right to make and retain <br />copies of drawings and all other documents including field <br />notes and data. This in no way excuses the Engineer from <br />furnishing the City with plans corrected to the actual <br />project as constructed. <br /> <br />--- ---- .. - ~ -- <br /> <br />~ - <br /> <br />-- <br /> <br />~-- -....---- <br /> <br />~ ~ <br /> <br />~----=w-- ~,-. ..,.. .._.,..-.. -..-...~ "'" <br />