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e e Engineering Services Agreement - Page 4 (2) Maintain adequate staff to make periodic visits (a minImum of two per month) to the construction site to observe and familiarize themselves generally with the progress and quality of the work and to determine if the work is generally proceeding in accordance with the contract documents and the contractor's construction schedule. The Engineer shall make periodic written reports to the Director of Public Works to advise him of any deviation from the contract documents or the contractor's construction schedule observed by or brought to the attention of the Engineer. Such reports shall be submitted in a timely manner so as not to cause delay in the progress of the work. In performing these services, the personnel provided by the Engineer shall be under the supervision of a registered professional engineer. The Engineer shall provide personnel experienced in the administration of construction contracts. Supporting personnel shall be provided from the project design team when specialized knowledge of the Project design is required. On the basis of its on-site observations, the Engineer shall keep the City informed as to the progress and quality of work and shall endeavor to protect the City against defects and deficiencies in the work of the construction contractors, but the Engineer shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures or for the safety precautions and programs in connection with the Project construction, for the acts or omissions of the contractor, subcontractors, any of their agents or the subcontractor's employees, or any other person performing any of the work or for the failure of such persons to carry out the work in accordance with the contract documents; provided however, that the Engineer shall not be relieved from its obligation to notify the Director of Public Works of any such act, omission or failure on the part of the construction contractor observed by the Engineer during on-site visits; (3) Review and approve or take other appropriate action upon the shop drawings, samples, and other submissions furnished by the contractor and submitted to the Engineer. The Engineer shall determine if the shop drawings, samples and other submissions conform to the Design concept of the Project and the requirements of the contract documents. The Engineer shall notify the Director of Public Works if the shop drawings, samples or other submissions do not conform to the design concept of the Project. Such action(s) shall be taken with reasonable promptness so that the progress of the construction of the Project will not be delayed. The Engineer shall maintain a log of all Contractor submittals which shall include the submittal date, the action taken and the date returned; (4) Prepare supporting data and provide other services (including reVISions to drawings, specifications and other documents) in connection with change orders when such change orders are required either (a) to make clarifications or to correct discrepancies, errors or omissions in the drawings, specifications, or other contract documents, or (b) to conform the drawings, specifications or other contract documents to the requirements of all applicable laws, codes and regulations, including the City of La Porte Building Code (which is expressly made applicable to the Project); (5) Review laboratory, shop and mill tests of material and equipment and report to the Director of Public Works in writing on such matter; (6) Provide design clarifications and recommendations to assist the City in resolving field problems relating to the construction; (7) Evaluate contractor change and cost proposals and substitutions and recommend to the City to either approve or disapprove the contracmr's proposal or substitution; (8) Review progress payments to the contractor and recommend payments by the City.