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<br />1.4.4 Assist the City in ensuring that all applicable permits and approvals have been obtained <br />from the appropriate agencies prior to construction. <br /> <br />1.4.5 Make on-site inspections of the Project at least monthly to ensure familiarity with the <br />progress and quality of the work, to determine if the work is proceeding in acceptable <br />conformance with the construction contract documents, and to review the work with the City's <br />designated representatives. On the basis of such on-site inspections by the Consultant, the <br />Engineer will keep the City informed of the progress and quality of the work through written <br />status reports and through meetings with the City's representative; and will also be reasonably <br />available to perform site visitations at the specific request of the City by the next business day <br />after a request is made. <br /> <br />1.4.6 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 Engineer or are acts or omissions under <br />the Consultant's control. However, Engineer will exercise its authority on behalf of City in <br />accordance herewith and particularly during the construction phase so that all 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 Engineer become aware of the Contractor's <br />utilization of means, methods, techniques, sequences and/or procedures of construction which, in <br />Consultant'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 <br />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 make <br />recommendations for payment that constitute a representation by Engineer to the City, based on <br />the Consultant's on-site inspections as provided in subsection 1.4.5 and on the data comprising <br />the Contractor's application for payment, that the work has progressed to the point indicated; <br />that, to the best of the Consultant's knowledge, information and belief, the quality of the work is <br />in acceptable conformance with the construction contract documents (subject to an evaluation of <br />the work for conformance with the construction contract documents upon substantial completion, <br />subject to the results of any subsequent tests required by or performed under the construction <br />contract documents, subject to minor variations from the construction contract documents <br />correctable prior to completion, and subject to any specific qualifications stated in the Certificate <br />for Payment); and that the Contractor is entitled to payment in the amount certified. However, <br />AP AI - TXI Contract <br /> <br />6 <br />