Common use of TECHNICAL DIRECTION Clause in Contracts

TECHNICAL DIRECTION. (a) Services to be performed under this Contract are subject to the written Technical Direction of the City Manager. "Technical Direction," as used in this section, means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical Direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements set forth in the SOW, Section J – Attachment 01 to this Contract. (b) The City Manager does not have the authority to, and shall not, issue any verbal instruction purporting to be Technical Direction, or a written Technical Direction, that: (1) Constitutes an assignment of additional work outside the Contract scope of Services; (2) Constitutes a change as defined in Section I.3, Changes; (3) Constitutes a basis for any increase or decrease in the total estimated Contract cost, the fixed fee (if any), or the time required for Contract performance; (4) Changes any of the expressed terms, conditions, or specifications of the Contract; or (5) Interferes with the Contractor's rights to perform the terms and conditions of the Contract. (c) All Technical Direction shall be issued in writing by the City Manager, including via e-mail correspondence. (d) The Contractor shall proceed promptly, but in any event not later than forty-eight