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City in accordance herewith and particularly during the construction phase so that all work performed by the Contractor results in a Project completed in accordance with the construction contract documents, and during any phase should the Consultant become aware of the Contractor's utilization of means, methods, techniques, sequences and/or procedures of construction which, in the Consultant's opinion, will not result in completion of the Project in accordance with the construction contract documents; or which are unsafe, the Consultant will immediately inform the City and will take all necessary action which the Consultant is authorized under this Agreement to take to correct the matter. 1.6.17 At all times have access to the work wherever it is in preparation or progress. 1.6.18 Determine the amounts owing to the Contractor based on its on -site professional inspections and on evaluations of the Contractor's applications for payment including comparisons of Contractor's monthly cost reports with its applications for payment, and will make recommendations for payment in these amounts, as provided in the construction contract documents, or take such other appropriate action which the Consultant deems necessary. 1.6.1 9 Make recommendations for payment that constitute a representation by Consultant to the City, based on the Consultant's on -site inspections as provided in subsection 1.6.14 and on the data comprising the Contractor's application for payment, that (1) the work has progressed to the point indicated; that, (2) to the best of the Consultant's knowledge, information and belief, the quality of the work conforms to the construction contract documents (subject to an evaluation of the work for conformance with the construction contract documents upon substantial completion, subject to the results of any subsequent tests required by or performed under the construction contract documents, subject to minor variations from the construction contract documents correctable prior to completion, and subject to any specific qualifications stated in the Certificate for Payment); and (3) that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used the monies paid by the City. 1.6.20 Have authority to reject work which does not conform to the construction contract documents. whenever, in the Consultant's reasonable opinion, it is necessary or advisable for the proper implementation of the intent of the construction contract documents, and with the approval of the City, the Consultant will have authority to require special inspection or testing of the work in accordance with the provisions of the construction contract documents, whether or not such work is then fabricated, installed or completed. The Consultant will review the work and results of all testing laboratories as required by the construction contract documents. 1.6.21 Review and make decisions regarding the approval or taking of other appropriate action upon the Contractor's submittals, including but not limited to, shop drawings, product data and samples, schedule of values and progress schedule. The Consultant will take such action with reasonable promptness, but generally, not to exceed 15 calendar days or such period as will not cause delay of the Project. Luck Design — Gary Sports Complex Improvements — Phase I Project Agreement II