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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 />Engineer's opinion, will not result in completion of the Project in accordance with the <br />construction contract documents; or which are unsafe, Engineer will immediately inform the City <br />and will take all necessary action which the Engineer is authorized under this Agreement to take <br />to correct the matter. Accordingly, Engineer neither guarantees the performance of any <br />Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its <br />work in accordance with the contract documents. <br />1.6.13 At all times have access to the work wherever it is in preparation or progress. <br />1.6.14 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 />1.6.15 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 1.6.10 and on the <br />data comprising the Contractor's application for payment, that the work has progressed to the <br />point indicated; that, to the best of the Engineer's knowledge, information and belief, the quality <br />of the 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 />1.6.16 Have authority to recommend work to be rejected which does not conform to the <br />construction contract documents. Whenever, in the Engineer's reasonable opinion, it is <br />necessary or advisable for the proper implementation of the intent of the construction contract <br />documents, and with the approval of the City, the Engineer will have authority to require special <br />inspection or testing of the work in accordance with the provisions of the construction contract <br />documents, whether or not such work is then fabricated, installed or completed. The Engineer <br />will review the work and results of all testing laboratories as required by the construction <br />contract documents. <br />1.6.17 Review and approve or take other appropriate action upon the Contractor's submittals, <br />including but not limited to, shop drawings, product data and samples, schedule of values and <br />progress schedule. Such action will be taken with reasonable promptness, but generally not to <br />exceed 15 calendar days or such period of time as will not cause delay of the Project. <br />Kimley Horn — Thorpe Lane Project <br />