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<br /> ]'7Þ <br /> amissians are due to. the negligence af the Engi-neer ar are acts ar amissio.ns under the <br /> Engineer's cantral. Hawever, Engineer will exercise its autharity an behalf af City in <br /> acco.rdance herewith and particularly during the canstructian phase so. that all wark <br /> perfarmed by the Cantractar results in a Project campleted in accardance with the <br /> canstructian cantract dacuments, and during any phase shauld the Engineer became <br /> aware af the Cantractar's utilizatian af means, methads, techniques, sequences and/o.r <br /> pro.cedures o.f canstructian which, in Engineer's apinian, will nat result in campletian af the <br /> Praject in accardance with the canstructian cantract do.cuments ar which are unsafe, <br /> Engineer will immediately infarm the City and will take all necessary actio.n which the <br /> ~ Engineer is autharized under this Agreement to. take to. carrect the matter. In such <br /> situatio.ns, the Engineer will have the right and po.wer, with the cancurrence o.f the City, to. <br /> immediately cease the wark by Cantractor an the Praject. <br /> 1.3.7 At all times have access to. the wark wherever it is in preparatio.n o.r pragress. <br /> 1.3.8 Determine the amaunts awing to. the Cantractar based an the Engineer's an-site <br /> professianal inspectio.ns and an evaluatians af the Cantractar's applicatians far payment <br /> including camparisans af Cantractar's manthly cast reparts with its applicatians far <br /> payment, and will make recammendatians far payment in these amaunts, as provided in <br /> the canstructian cantract dacuments, or take such ather appropriate actian which the <br /> Engineer deems necessary. <br /> ~ <br /> 1.3.9 Make recammendatians far payment that canstitute a representatian by Engineer <br /> to. the City, based an the Engineer's an-site abservatians as provided in Subsectio.n 1.3.5 <br /> and an the data camp rising the Cantractar's applicatian far payment, that the wark has <br /> progressed to. the paint indicated; that, to. the best afthe Engineer's knawledge, info.rmatio.n <br /> and belief, the quality af the wark is in acceptable canfarmance with the canstructian <br /> cantract dacuments (subject to. an evaluatian af the wo.rk af canfo.rmance with the <br /> canstructian cantract dacuments upan substantial campletian, subject to. the results o.f any <br /> subsequent tests required by ar perfarmed under the canstructian cantract do.cuments, <br /> subject to. minor variatians from the canstructian cantract dacuments carrectable prio.r to. <br /> campletian, and subject to. any specific qualifications stated in the Certificate far Payment); <br /> ¡ --~ - and that the Cantractar is entitled to. payment in the amaunt certified. Ho.wever, the <br /> issuance of a Certificate far Payment will nat be a representatian that the Engineer has <br /> made any examinatian to ascertain how and for what purpose the Contractor has used the <br /> manies paid by the City. <br /> 1.3.10 Have authority to. reject work which daes nat canform to the canstructian cantract. <br /> Whenever, in the Engineer's reasanable apinian, it is necessary ar advisable far the <br /> proper implementation of the intent of the construction contract documents, and with the <br /> approval afthe City, the Engineer will have authority to. require special inspectian ar testing <br /> af the wark in accardance with the provisians af the canstructian co.ntract whether ar nat <br /> such work is then fabricated, installed or campleted. The Engineer will review the work and <br /> results af all testing labarataries as required by the canstructian cantract do.cuments. <br /> 1.3.11 Review and make all decisians regarding the approval ar taking af ather <br />