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<br />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 ofthe <br />Project in accordance with the construction contract documents; or which are unsafe, <br />Engineer will immediately inform the City and will take all necessary action which the <br />Engineer is authorized under this Agreement to take to correct the matter. <br /> <br />1.4.7 At all times have access to the work wherever it is in preparation or progress. <br /> <br />1.4.8 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 <br />contract documents, or take such other appropriate action which the Engineer deems <br />necessary. <br /> <br />1.4.9 Make recommendations for payment that constitute a representation by Engineer to <br />the City, based on the Engineer's on-site inspections as provided in subsection 1.4.5 and <br />on the data comprising the Contractor's application for payment, that the work has <br />progressed to the point indicated; that, to the best of the Engineer's knowledge, information <br />and belief, the quality of the work is in acceptable conformance with the construction <br />contract documents (subject to an evaluation of the work for conformance with the <br />construction contract documents upon substantial completion, subject to the results of any <br />subsequent tests required by or performed under the construction contract documents, <br />subject to minor variations from the construction contract documents correctable prior to <br />completion, and subject to any specific qualifications stated in the Certificate for Payment); <br />and that the Contractor is entitled to payment in the amount certified. However, the <br />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 <br />monies paid by the City. <br /> <br />1.4.10 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 <br />for the proper implementation of the intent of the construction contract documents, and <br />with the approval of the City, the Engineer will have authority to require special inspection <br />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 <br />Engineer will review the work and results of all testing laboratories as required by the <br />construction contract documents. <br /> <br />1.4.11 Review and make all decisions regarding the approval or taking of other appropriate <br />action upon the Contractor's submittals, including but not limited to, shop drawings, product <br />data and samples, schedule of values and progress schedule. Such action will be taken <br />with reasonable promptness, but generally not to exceed 15 days or such period of time <br />as will not cause delay of the Project. <br /> <br />7 <br />