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<br />I <br /> <br />I <br /> <br />I <br /> <br />conformance with the construction contract documents, and to review the work with the City's <br />designated representatives. For the purposes of this Agreement, inspection means the <br />examination of construction to permit the Architect, as an experienced and qualified professional <br />to determine whether the work conforms to the Contract Documents. On the basis of such on- <br />site inspections by the Architect, the Architect will keep the City informed of the progress and <br />quality of the work through written status reports and through meetings with the City's <br />representative; and will also be reasonably available to perform site visitations at the specific <br />request of the City by the next business day after a request is made. <br /> <br />1.4.11 In performing all services, including inspections, not have control or charge of and will <br />not be responsible for construction means, methods, techniques, sequences or procedures, or for <br />safety precautions and programs in connection with the work, for the acts or omissions of the <br />Contractor, subcontractors or any other persons performing any of the work, or for the failure of <br />any of them to carry out the work in accordance with the construction contract documents unless <br />such acts or omissions are due to the negligence of the Architect or are acts or omissions under <br />the Architect's control. However, Architect will exercise its authority on behalf of City in <br />accordance herewith and particularly during the construction phase so that work performed by <br />the Contractor results in a Project completed in accordance with the construction contract <br />documents, and during any phase should the Architect become aware of the Contractor's <br />utilization of means, methods, techniques, sequences and/or procedures of construction which, in <br />Architect's opinion, will not result in completion of the Project in accordance with the <br />construction contract documents; or which are unsafe, Architect will immediately inform the <br />City and will take necessary action which the Architect is authorized under this Agreement to <br />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 contract <br />documents, or take such other appropriate action which the Architect deems necessary. <br /> <br />1.4.14 Make recommendations for payment that constitute a representation by Architect to the <br />City, based on the Architect's on-site inspections as provided in subsection 1.4.10 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 Architect'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 /> <br />5 <br />