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<br />to negligence of the ARCHITECT or are acts or omissions under the <br />ARCHITECT's control. However, ARCHITECT shall exercise its authority <br />on behalf of CITY in accordance herewith and particularly during the <br />construction phase so that all work performed by the Contractor results <br />in a Project completed in accordance with the construction contract <br />documents, and during this phase should ARCHITECT become aware of any <br />Contractor's utilization of means, methods, techniques, sequences <br />and/or procedures of construction which, in ARCHITECT's opinion, will <br />not result in completion of the Project in accordance with the <br />construction contract documents or which are unsafe, ARCHITECT shall <br />immediately so inform CITY and shall take all necessary action which <br />the ARCHITECT is authorized under this Agreement to take to correct <br />the matter. In such situations, the ARCHITECT shall have the <br />right and power to immediately cease the work by the Contractor on the <br />Project. <br />1.3.7 The ARCHITECT shall at all times have access to the work <br />wherever it is in preparation or progress. <br />1.3.8 The ARCHITECT shall determine the amounts owing to the <br />Contractor based on its on-site observations and on evaluations of the <br />Contractor's Applications for Payment including comparisons of <br />Contractor's monthly cost reports with its Applications for PaYment, <br />and shall make recommendations for payment in such amounts as provided <br />in the construction contract documents, or take such other appropriate <br />action which the ARCHITECT deems necessary. <br />1.3.9 Recommendations for payment shall constitute a representation <br />by ARCHITECT to the CITY, based on the ARCHITECT's on-site observations <br />as provided in Subparagraph 1.3.4 and on the data comprising the <br />Contractor's Application for Payment, that the work has progressed to <br />the point indicated; that, to the best of the ARCHITECT's knowledge, <br />information and belief, the quality of the work is in acceptable <br />conformance with the construction contract documents (subject to an <br />evaluation of the work for conformance with the construction contract <br />documents upon Substantial Completion, subject to the results of any <br />subsequent tests required by or performed under the construction <br />contract documents, subject to minor variations from the construction <br />contract documents correctable prior to completion, and subject to any <br />specific qualifications stated in the Certificate for Payment); and <br /> <br />-8- <br />