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the Engineer will keep the City informed of the progress and quality of the work through written <br />status reports and through meetings with the City's representative; and will also be reasonably <br />available to perform site visitations at the specific request of the City by the next business day <br />after a request is made. <br />1.6.6 Not have control or charge of and will not be responsible for construction means, methods, <br />techniques, sequences or procedures, or for safety precautions and programs in connection with <br />the work, for the acts or omissions of the Contractor, subcontractors or any other persons <br />performing any of the work, or for the failure of any of them to carry out the work in accordance <br />with the construction contract documents unless such acts or omissions are due to the negligence <br />of the Engineer or are acts or omissions under the Engineer's control. However, Engineer will <br />exercise its authority on behalf of City in accordance herewith and particularly during the <br />construction phase so that all work performed by the Contractor results in a Project completed in <br />accordance with the construction contract documents, and during any phase should the Engineer <br />become aware of the Contractor's utilization of means, methods, techniques, sequences and/or <br />procedures of construction which, in Engineer's opinion, will not result in completion of the <br />Project in accordance with the construction contract documents; or which are unsafe, Engineer <br />will immediately inform the City and will take all necessary action which the Engineer is <br />authorized under this Agreement to take 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 Contractor based on its on-site professional <br />inspections and on evaluations of the Contractor's applications for payment including <br />comparisons of Contractor's monthly cost reports with its applications for payment, and will <br />make recommendations for payment in these amounts, as provided in the construction contract <br />documents, or take such other appropriate action which the Engineer deems necessary. <br />1.6.9 Make recommendations for payment that constitute a representation by Engineer to the <br />City, based on the Engineer's on-site inspections as provided in subsection 1.6.5 and on the data <br />comprising the Contractor's application for payment, that the work has progressed to the point <br />indicated; that, to the best of the Engineer's knowledge, information and belief, the quality of the <br />work is in acceptable conformance with the construction contract documents (subject to an <br />evaluation of the work for conformance with the construction contract documents upon <br />substantial completion, subject to the results of any subsequent tests required by or performed <br />under the construction contract documents, subject to minor variations from the construction <br />contract documents correctable prior to completion, and subject to any specific qualifications <br />stated in the Certificate for Payment); and that the Contractor is entitled to payment in the <br />amount certified. However, the issuance of a Certificate for Payment will not be a representation <br />that the Engineer has made any examination to ascertain how and for what purpose the <br />Contractor has used the monies paid by the City. <br />1.6.10 Have authority to reject work which does not conform to the construction contract <br />documents. Whenever, in the Engineer's reasonable opinion, it is necessary or advisable for the <br />HNTB Agreement -Hutchison Drainage <br />8 <br />