Common use of Consulting Engineer Clause in Contracts

Consulting Engineer. The City will submit over the life of the Loan sufficient information as is reasonably requested by the Department to demonstrate that the City has legal, institutional, managerial and financial capability to ensure the construction, operation and maintenance of the Project and the System and the repayment of the Loan, interest and administrative fees.‌ To this end, the City may retain an Engineer, but shall be required to do so only in accordance with provisions of this section and Section 10.04, for the purpose of providing the City with continuous engineering counsel in the operation of the System. The Engineer shall be retained under contract at such reasonable compensation as may be fixed by the City, and the payment of such compensation shall be considered to be one of the costs of maintaining and operating the System. Any Engineer appointed under the provisions of Section 10.04 may be replaced at any time by another Engineer appointed or retained by the City upon written notice to the Department. Upon the occurrence of an Event of Default, or if requested in writing by the Department, the City shall prepare, or shall have the Engineer prepare within one hundred eighty (180) days after the close of each Fiscal Year a comprehensive operating report which shall report upon the operation of the System during the preceding Fiscal Year, the maintenance of the properties, the efficiency of the management of the property, the proper and adequate keeping of the books of account and record, the adherence to budget and budgetary control provisions, all matters bearing upon the sufficient and profitable operation of the System, and shall include whatever criticism of any phase of the operation of the System the City or the Engineer, as the case may be, may deem proper and such recommendation as to changes in the operation and the making of repairs, renewals, replacements, extensions, betterments and improvements as the City or Engineer may deem proper. Copies of such report shall be furnished to the Department upon written request. It shall be the duty of the Engineer, if retained in accordance with this Section, to determine the economic soundness or feasibility of any extensions, betterments, improvements, expenditures or purchases of equipment and materials or supplies, which will involve the expenditure of more than Twenty-Five Thousand Dollars ($25,000), whether in one or more than one order.

Consulting Engineer. The City will submit over the life of the Loan sufficient information as is reasonably requested by the Department to demonstrate that the City has legal, institutional, managerial and financial capability to ensure the construction, operation and maintenance of the Project and the System and the repayment of the Loan, interest and administrative fees.‌ To this end, the City Town may retain an Engineer, but shall be required to do so only in accordance with provisions of this section and Section 10.04, Engineer for the purpose of providing the City Town with continuous engineering counsel in the operation of the System. The Any such Engineer shall be retained under contract at such reasonable compensation as may be fixed by the CityTown, and the payment of such compensation shall be considered to be one of the costs of maintaining and operating the System. Any such Engineer appointed under the provisions of Section 10.04 may be replaced at any time by another Engineer appointed or retained by the City Town upon written notice to the Department. Upon the occurrence of an Event of Default, or if requested in writing by the Department, the City shall prepare, or shall have the Engineer prepare within one hundred eighty (180) days after the close of each Fiscal Year a comprehensive operating report which shall report upon the operation of the System during the preceding Fiscal Year, the maintenance of the properties, the efficiency of the management of the property, the proper and adequate keeping of the books of account and record, the adherence to budget and budgetary control provisions, all matters bearing upon the sufficient and profitable operation of the System, and shall include whatever criticism of any phase of the operation of the System the City or the Engineer, as the case may be, may deem proper and such recommendation as to changes in the operation and the making of repairs, renewals, replacements, extensions, betterments and improvements as the City or Engineer may deem proper. Copies of such report shall be furnished to the Department upon written request. It shall be the duty of the Engineer, if retained in accordance with this Section, to determine the economic soundness or feasibility of any extensions, betterments, improvements, expenditures or purchases of equipment and materials or supplies, which will involve the expenditure of more than Twenty-Five Thousand Dollars ($25,000), whether in one or more than one order.

Consulting Engineer. The City will submit over the life of the Loan sufficient information as is reasonably requested by the Department to demonstrate that the City has legal, institutional, managerial and financial capability to ensure the construction, operation and maintenance of the Project and the System and the repayment of the Loan, interest and administrative fees.‌ fees. To this end, the City may retain an Engineer, but shall be required to do so only in accordance with provisions of this section and Section 10.04, Engineer for the purpose of providing the City with continuous engineering counsel in the operation of the System. The Any such Engineer shall be retained under contract at such reasonable compensation as may be fixed by the City, and the payment of such compensation shall be considered to be one of the costs of maintaining and operating the System. Any such Engineer appointed under the provisions of Section 10.04 may be replaced at any time by another Engineer appointed or retained by the City upon written notice to the Department. Upon the occurrence of an Event of Default, or if requested in writing by the Department, the City shall prepare, or shall have the Engineer prepare within one hundred eighty (180) days after the close of each Fiscal Year a comprehensive operating report which shall report upon the operation of the System during the preceding Fiscal Year, the maintenance of the properties, the efficiency of the management of the property, the proper and adequate keeping of the books of account and record, the adherence to budget and budgetary control provisions, all matters bearing upon the sufficient and profitable operation of the System, and shall include whatever criticism of any phase of the operation of the System the City or the Engineer, as the case may be, may deem proper and such recommendation as to changes in the operation and the making of repairs, renewals, replacements, extensions, betterments and improvements as the City or Engineer may deem proper. Copies of such report shall be furnished to the Department upon written request. It shall be the duty of the Engineer, if retained in accordance with this Section, to determine the economic soundness or feasibility of any extensions, betterments, improvements, expenditures or purchases of equipment and materials or supplies, which will involve the expenditure of more than Twenty-Five Thousand Dollars ($25,000), whether in one or more than one order, and whether from funds on deposit in the Contingencies Fund.