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<br />by the Engineer, the Engineer will keep the City informed of the progress and quality of the work <br />through written status reports and through meetings with the City's representative; and will also be <br />reasonably available to perform site visitations at the specific request of the City by the next business <br />day after a request is made. <br /> <br />1.5.11 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 the <br />work, for the acts or omissions of the Contractor, subcontractors or any other persons performing <br />any of the work, or for the failure of any of them to carry out the work in accordance with the <br />construction contract documents unless such acts or omissions are due to the negligence of the <br />Engineer or are acts or omissions under the Engineer's control. However, Engineer will exercise its <br />authority on behalf of City in accordance herewith and particularly during the construction phase so <br />that all work performed by the Contractor results in a Project completed in accordance with the <br />construction contract documents, and during any phase should the Engineer become aware of the <br />Contractor's utilization of means, methods, techniques, sequences and/or procedures of construction <br />which, in 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 to <br />correct the matter. <br /> <br />1.5.12 At all times have access to the work wherever it is in preparation or progress. <br /> <br />1.5.13 Determine the amounts owing to the Contractor based on its on-site professional inspections <br />and on evaluations of the Contractor's applications for payment including comparisons of <br />Contractor's monthly cost reports with its applications for payment, and will make recommendations <br />for payment in these amounts, as provided in the construction contract documents, or take such other <br />appropriate action which the Engineer deems necessary. <br /> <br />1.5.14 Make recommendations for payment that constitute a representation by Engineer to the City, <br />based on the Engineer's on-site inspections as provided in subsection 1.5.10 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 substantial <br />completion, subject to the results of any subsequent tests required by or performed under the <br />construction contract documents, subject to minor variations from the construction contract <br />documents correctable prior to completion, and subject to any specific qualifications stated in the <br />Certificate for Payment); and that the 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 has <br />made any examination to ascertain how and for what purpose the Contractor has used the monies <br />paid by the City. <br /> <br />1.5.15 Have authority to reject work which does not conform to the construction contract <br /> <br />Carter & Burgess2.wpd <br /> <br />6 <br />