Common use of AUTHORITY OF THE PROJECT MANAGER Clause in Contracts

AUTHORITY OF THE PROJECT MANAGER. The Director hereby authorizes the Project Manager or the Consultant, within the scope of its agreement with the City, designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Design-Build Firm shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the Design-Build Firm agrees with the Project Manager’s and/or Consultant’s determination or requests. Where requests are made orally, the Project Manager and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Design-Build Firm shall be issued in writing. All instructions to the Design-Build Firm shall be issued through the Director or Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The Design-Build Firm shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Design-Build Firm’s failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager’s nor Consultant’s authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Design-Build Firm, any Sub Design-Build Firm, Subconsultant, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager shall notify the Design-Build Firm in writing where the Work does not comply with the scope of services. The Project Manager will not be responsible for the acts or omissions of the Design-Build Firm, any Sub Design-Build Firm, Subconsultant, or any of their agents or employees, or any other persons performing any of the Work.

AUTHORITY OF THE PROJECT MANAGER. The Director Town Manager hereby authorizes the Project Manager or the Consultant, within the scope of its agreement with the City, designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documentsthe Contract. The Design-Build Firm Contractor shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or ConsultantManager, including the withdrawal or modification of any previous order, and regardless of whether the Design-Build Firm Contractor agrees with the Project Manager’s and/or Consultant’s determination or requests. Where requests are made orally, the Project Manager and/or Consultant Manage will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City Town to the extent provided by the Contract, unless otherwise modified in writing by the CityTown. All instructions to the Design-Build Firm Contractor shall be issued in writing. All instructions to the Design-Build Firm Contractor shall be issued through the Director or Town Manager, Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The Design-Build Firm shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract DocumentsManager. The Project Manager will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Design-Build FirmContractor’s failure to carry out the Work in accordance with the Contract DocumentsContract. All interpretations and recommendations of the Project Manager shall be consistent with the intent of the Contract. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract DocumentsContract. Whenever, in his or her their opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents Work the Project Manager and Consultant will have has authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the The Project Manager’s nor Consultant’s authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Design-Build FirmContractor, any Sub Design-Build Firm, Subconsultantsubcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager shall notify the Design-Build Firm in writing where the Work does not comply with the scope of services. The Project Manager will not be responsible for the acts or omissions of the Design-Build FirmContractor, any Sub Design-Build Firm, SubconsultantSubcontractor, or any of their agents or employees, or any other persons performing any of the Work.

AUTHORITY OF THE PROJECT MANAGER. The Director hereby authorizes the Project Manager or the Consultant, within the scope of its agreement with the City, designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Design-Build Firm Contractor shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the Design-Build Firm Contractor agrees with the Project Manager’s and/or Consultant’s determination or requests. Where requests are made orally, the Project Manager and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Design-Build Firm Contractor shall be issued in writing. All instructions to the Design-Build Firm Contractor shall be issued through the Director or Director, Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The Design-Build Firm Contractor shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Design-Build FirmContractor’s failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents Work the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager’s nor Consultant’s authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Design-Build FirmContractor, any Sub Design-Build FirmSubcontractor, Subconsultant, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager shall notify the Design-Build Firm in writing where the Work does not comply with the scope of services. The Project Manager will not be responsible for the acts or omissions of the Design-Build FirmContractor, any Sub Design-Build FirmSubcontractor, Subconsultant, or any of their agents or employees, or any other persons performing any of the Work.

AUTHORITY OF THE PROJECT MANAGER. The Director hereby authorizes the Project Manager or the Consultant, within the scope of its agreement with the City, designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Design-Build Firm shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the Design-Build Firm agrees with the Project Manager’s Manager‟s and/or Consultant’s Consultant‟s determination or requests. Where requests are made orally, the Project Manager and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Design-Build Firm shall be issued in writing. All instructions to the Design-Build Firm shall be issued through the Director or Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The Design-Build Firm shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Design-Build Firm’s Firm‟s failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager’s Manager‟s nor Consultant’s Consultant‟s authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Design-Build Firm, any Sub Design-Build FirmSubcontractor, Subconsultant, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Design Criteria Professional shall inspect the Work to determine it compliance with the DCP. The Project Manager shall notify the Design-Build Firm in writing where the Work does not comply with the scope of servicesDCP. The Project Manager will not be responsible for the acts or omissions of the Design-Build Firm, any Sub Design-Build FirmSubcontractor, Subconsultant, or any of their agents or employees, or any other persons performing any of the Work.

AUTHORITY OF THE PROJECT MANAGER. The Director hereby authorizes the Project Manager or the Consultant, within the scope of its agreement with the City, designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Design-Build Firm shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the Design-Build Firm agrees with the Project Manager’s Manager‟s and/or Consultant’s Consultant‟s determination or requests. Where requests are made orally, the Project Manager and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Design-Build Firm shall be issued in writing. All instructions to the Design-Build Firm shall be issued through the Director or Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The Design-Build Firm shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Design-Build Firm’s Firm‟s failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager’s Manager‟s nor Consultant’s Consultant‟s authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Design-Build Firm, any Sub Design-Build Firm, Subconsultant, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager shall notify the Design-Build Firm in writing where the Work does not comply with the scope of services. The Project Manager will not be responsible for the acts or omissions of the Design-Design- Build Firm, any Sub Design-Build Firm, Subconsultant, or any of their agents or employees, or any other persons performing any of the Work.