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1.6.5 Make on -site inspections of the Project as often as required to ensure familiarity with the <br />progress and quality of the work, to determine if the work is proceeding in acceptable conformance <br />with the construction contract documents, and to review the work with the City's designated <br />representatives. On the basis of these inspections, by the Engineer, the Engineer will keep the City <br />informed of the progress and quality of the work through written status reports and through <br />meetings with the City's representative. The Engineer will also be reasonably available to perform <br />site visitations at the specific request of the City by the next business day after a request is made. <br />1.6.6 In performing all services, including inspections, not have control or charge of and will not <br />be responsible for construction means, methods, techniques, sequences or procedures, or for safety <br />precautions and programs in connection with the work, for the acts or omissions of the construction <br />contractor, subcontractors or any other persons performing any of the work, or for the failure of <br />any of them to carry out the work in accordance with the construction contract documents, unless <br />such acts or omissions are due to the negligence of the Engineer or are acts or omissions under <br />the Engineer's control. However, the Engineer will exercise its authority on behalf of the City in <br />accordance herewith and particularly during the construction phase so that all work performed by <br />the construction contractor results in a Project completed in accordance with the construction <br />contract documents and during any phase should the Engineer become aware of the Contractor's <br />utilization of means, methods, techniques, sequences and/or procedures of construction which, in <br />the Engineer's opinion, will not result in completion of the Project in accordance with the <br />construction contract documents or which are unsafe, the Engineer will immediately inform the <br />City and will take all necessary action which the Engineer is authorized to take under the <br />construction contract documents to correct the matter. <br />1.6.7 At all times, have access to the work wherever it is in preparation or progress. <br />1.6.8 Determine the amounts owing to the construction contractor based on its on -site <br />professional inspections and on evaluations of the Contractor's applications for payment, including <br />comparisons of the construction contractor's monthly cost reports with its applications for <br />payment, and make recommendations for payment in these amounts, as provided in the <br />construction contract documents, or take such other appropriate action which the Engineer deems <br />necessary. <br />1.6.9 Make recommendations for payment that constitute a representation by the Engineer to the <br />City based on the Engineer's inspections and on the data comprising the Contractor's application <br />for payment, that 1) the work has progressed to the point indicated, 2) the quality of the work is in <br />acceptable conformance with the construction contract documents (subject to an evaluation of the <br />work of conformance with the construction contract documents upon substantial completion, <br />subject to the results of any subsequent tests required by or performed under the construction <br />contract documents, subject to minor variations from the construction contract documents <br />correctable prior to completion, and subject to any specific qualifications stated in the certificate <br />for payment), and 3) the construction contractor is entitled to payment in the amount certified. <br />However, the issuance of a certificate for payment will not be a representation that the Engineer <br />REP Agreement for Cross -Town Pathway Project 9/1/2015 <br />7 <br />