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<br />through meetings with the City's representative; and will also be reasonably available to <br />perform site visitations at the specific request of the City by the next business day after a <br />request is made. <br /> <br />1.4.11 Not have control or charge of and will not be responsible for construction means, <br />methods, techniques, sequences or procedures, or for safety precautions and programs <br />in connection with the work, for the acts or omissions of the Contractor, subcontractors or <br />any other persons performing any of the work, or for the failure of any of them to carry out <br />the work in accordance with the construction contract documents unless such acts or <br />omissions are due to the negligence of the Consultant or are acts or omissions under the <br />Consultant's control. However, Consultant will exercise its authority on behalf of City in <br />accordance herewith and particularly during the construction phase so that all work <br />performed by the Contractor results in a Project completed in accordance with the <br />construction contract documents, and during any phase should the Consultant become <br />aware of the Contractor's utilization of means, methods, techniques, sequences and/or <br />procedures of construction which, in Consultant's opinion, will not result in completion of <br />the Project in accordance with the construction contract documents; or which are unsafe, <br />Consultant will immediately inform the City and will take all necessary action which the <br />Consultant is authorized under this Agreement to take to correct the matter. <br /> <br />1.4.12 At all times have access to the work wherever it is in preparation or progress. <br /> <br />1.4.13 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 Consultant deems <br />necessary . <br /> <br />1.4.14 Make recommendations for payment that constitute a representation by Consultant <br />to the City, based on the Consultant's on-site observations as provided in subsection <br />1.4.10 and on the data comprising the Contractor's application for payment, that the work <br />has progressed to the point indicated; that, to the best of the Consultant's knowledge, <br />information and belief, the quality of the work is in acceptable conformance with the <br />construction contract documents (subject to an evaluation of the work of conformance with <br />the construction contract documents upon substantial completion, subject to the results of <br />any 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 Consultant 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 />1.4.15 Have authority to reject work which does not conform to the construction contract <br /> <br />6 <br />