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<br />such acts or omissions are due to the negligence of the Engineer or are acts or omissions under <br />the Engineer'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 />Engineer'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 />1.3.13 At all times have access to the work wherever it is in preparation or progress. <br /> <br />1.3.14 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 Engineer deems necessary. <br /> <br />1.3.15 Make recommendations for payment that constitute a representation by Engineer to the <br />City, based on the Engineer's on-site inspections as provided in subsection 1.3.11 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 Engineer'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 />that the Engineer has made any examination to ascertain how and for what purpose the <br />Contractor has used the monies paid by the City. <br /> <br />1.3.16 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 for the <br />proper implementation of the intent of the construction contract documents, and with the <br />approval of the City, the Engineer will have authority to require special inspection or testing of <br />the work in accordance with the provisions of the construction contract documents, whether or <br />not such work is then fabricated, installed or completed. The Engineer will review the work and <br />results of all testing laboratories as required by the construction contract documents. <br /> <br />1.3.1 7 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 data <br /> <br />AP AI Elevated Storage Tank <br /> <br />6 <br />