The Project Manager s approval shall not alter the Contractor's responsibility for design of the Temporary Works.
The Project Manager s approval of the Program shall not alter the Contractor's obligations. The Contractor may revise the Program and submit it to the Project Manager again at any time. A revised Program shall show the effect of Variations and Compensation Events.
The Project Manager. 64.1. The Project Manager shall not, however, have the power to issue an Extra Work order, except as specifically designated in writing by the Commissioner.
64.2. The Project Manager, in addition to those matters elsewhere herein, expressly made subject to his/her determination, direction or approval, shall have the power:
64.2.1. To inspect, supervise, and control the performance of the Work, subject to review by the Commissioner;
64.2.2. To determine the amount, quality, and location of the Work to be paid for hereunder;
64.2.3. To determine all questions in relation to the Work, to interpret the Contract Drawings, Specifications, and Addenda, and to resolve all patent inconsistencies or ambiguities therein;
64.2.4. To determine how the Work of this Contract shall be coordinated with Work of Other Contractors engaged simultaneously on this Project, including the power to suspend any part of the Work, but not the whole thereof;
64.2.5. To make minor changes in the Work as he/she deems necessary, provided such changes do not result in a net change in the cost to the City or to the Contractor of the Work to be done under the Contract; and
64.2.6. To amplify the Contract Drawings, add explanatory information and furnish additional Specifications and drawings, consistent with this Contract.
64.3. The foregoing enumeration shall not imply any limitation upon the power of the Project Manager, for it is the intent of this Contract that all of the Work shall generally be subject to his/her determination, direction, and approval, except where the determination, direction or approval of someone other than the Project Manager is expressly called for herein.
The Project Manager. 64.1. The Project Manager shall not, however, have the power to issue an Extra Work order, except as specifically designated in writing by the Commissioner.
64.2. The Project Manager, in addition to those matters elsewhere herein, expressly made subject to his/her determination, direction or approval, shall have the power:
64.2.1. To inspect, supervise, and control the performance of the Work, subject to review by the Commissioner;
64.2.2. To determine the amount, quality, and location of the Work to be paid for hereunder;
64.2.3. To determine all questions in relation to the Work, to interpret the Contract Drawings, Specifications, and Addenda, and to resolve all patent inconsistencies or ambiguities therein;
64.2.4. To determine how the Work of this Contract shall be coordinated with Work of Other Contractors engaged simultaneously on this Project, including the power to suspend any part of the Work, but not the whole thereof;
64.2.5. To make minor changes in the Work as he/she deems necessary, provided such changes do not result in a net change in the cost to the City or to the Contractor of the Work to be done under the Contract; and
64.2.6. To amplify the Contract Drawings, add explanatory information and furnish additional Specifications and drawings, consistent with this Contract.
The Project Manager is / Key Personnel are necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team without the City’s approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.
The Project Manager. The representative as appointed by the Contractor to be responsible for the construction management and performance of the contract.
The Project Manager. 17.1 NI shall appoint a Project Manager who shall carry out the rights and duties assigned to NI in the Contract, and shall be deemed as NI’s representative for the purpose of Section 16 (NI's Covenants and Rights) above ("the Project Manager" or “PM”). Notwithstanding the foregoing, the Project Manager shall have no authority to amend the Contract.
17.2 Without derogating from the foregoing, the Project Manager shall be authorized, inter alia, to supervise, review, make decisions, determinations, issue certificates and Approvals and receive notices all in order to ensure the performance of the Works in accordance with the terms of the Contract Documents.
17.3 Without derogating from the foregoing, the Project Manager shall be authorized to perform the following:
17.3.1 Inspect Materials and equipment used by the Contractor for the execution of the Project, inspect and ensure the quality of the Works and that the Works performed by the Contractor is in accordance with the quality and Standards set in the Contract Documents;
17.3.2 Approve the Project Schedule, instruct the Contractor about the implementation and management thereof and inspect the progress rate of the Works;
17.3.3 Inspect and review the Contractor’s quality assurance system.
17.4 The Project Manager may issue to the Contractor (at any time) instructions and additional or modified Design Documents which may be necessary for the execution of the Project and the remedying of any defects, all in accordance with the Contract Documents. The Contractor shall comply with any such instruction given by the Project Manager on any matter related to the Project or the Contract Documents.
17.5 The Project Manager may issue to the Contractor any instructions necessary to ensure the execution of the Project and the implementation of the provisions of the Contract Documents, as long as NI has not issued contradicting instructions. For the avoidance of doubt, it is clarified that the Project Manager is not authorized to determine the Contractor’s entitlement to compensation of any kind (including monetary compensation or extension of the Project Schedule) and/or to settle any disagreements with the Contractor and/or to enter into an agreement on behalf of NI with a third party and/or to execute any other legal action on behalf of NI, unless NI has given prior written approval for such.
17.6 The Project Manager shall make the determination that it is authorized to make under this Contract based on the provis...
The Project Manager. 2.2.1 The "Project Manager" is the Capital Projects Management Division’s staff. The Project Manager reports to the County’s Department of General Services Capital Projects Division Manager. All communications from and to the Contractor will be channeled through the Project Manager. However, the Project Manager does not have the authority to bind the County in matters affecting adjustments to the time or cost of the project as defined in the Owner – Contractor Agreement.
2.2.2 The Project Manager will be the County's representatives during construction and warranty periods, and until final payment to all contractors is due. The Project Manager will advise and consult with the County. All instructions to the Contractor shall be forwarded through the Project Manager. The Project Manager will have authority to act on behalf of the County only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with Subparagraph 2.2.16.
2.2.3 The Project Manager will determine in general whether the Work of the Contractor is being performed in accordance with the Contract Documents and will endeavor to guard the County against defects and deficiencies in the Work of the Contractor.
2.2.4 The Project Manager will be on site during construction to monitor the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations and communication with the Contractor, the Project Manager will keep the County informed of the progress of the Work and will endeavor to guard the County against defects and deficiencies in the Work of the Contractor.
2.2.5 The Project Manager shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so that the Project Manager may perform their functions under the Contract Documents.
2.2.6 Based on the Project Manager's observations, and an evaluation of the Contractor's Application for Payment, the Project Manager will determine the amount owing to the Contractor and will issue to the County Certificates for Payment incorporating such amount, as provided in Paragraph 9.4.
2.2.7 The Project Manager will render interpretations necessary for the proper execution or progress of the Work, with reasonable promptness and in accordance with agreed upon time limits.
2.2.8 Claims, disputes and other matters in question betwe...
The Project Manager. The Project Manager shall produce a record of all the proceedings of the Operational Group
The Project Manager. (i) may only invite tenders for a proposed Major Works Contract if the Project Manager has first complied with this clause 7.2 in respect of such proposed Major Works Contract; and
(ii) subject to clause 7.3(a), must only invite tenders for such proposed Major Works Contract from entities listed on such Tender Panel for that proposed Major Works Contract consented to, or deemed to be consented to, in accordance with clause 7.7.
