Res 1986-061 - Laserfiche WebLink

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-5- financial statements of bidders, lists of bidders' proposed subcontractors, and shall make a recomnendation to OWNER regarding award of bid. CONSULTANT shall also answer all questions of prospective or potential bidders and shall make all necessary clarifications and interpretations of the Contract Documents. However, CONSULTANT shall have no authority to issue a Notice To Proceed to contractor. 3.4.5 Unless otherwise provided in this AGREEMENT and incorporated in the Contract Documents, the CONSULTANT shall prov ide administration of the Contract for Construction as set forth herein and in the Contract Documents approved by Œ"lNER. CONSULTANT's administration of the contract for construction shall be provided in strict adherence with the Contract Documents and CONSULTANT shall not pursue a course of conduct which might jeopardize any of OWNER's rights thereunder. Minor deviations from Contract Documents that do not affect the validity of performance bond(s) are permitted. 3.4.6 The CONSULTANT shall be a representative but not an agent of the OWNER during the Construction Phase, and shall advise and consult with the OWNER. OWNER's instructions to the Contractor shall be forwarded through the CONSULTANT, unless (1) CONSULTANT is unavailable by telephonic conununication or otherwise to issue instructions necessary for the proper progress and acceptance of work; (2) when jeopardy to life and/or property exists; and/or (3) when lack of instructions and/or unavailability of CONSULTANT wll1 result in, in OWNER's opinion, harm to OWNER, in which case instructions may be forwarded directly to the Contractor by OWNER. The CONSULTANT shall have authority to act on oehal f of the OWNER only to the extent provided herein and in the Contract Documents unless otherwise modified by written instrument in accordance with Section 3.4.15. Any instructions issued directly by OWNER to Contractor shall be immediately communicated to CONSULTANT by letter if the CONSULTANT was unavailable at the time of issuance of instructions. 3.4.7 The CONSULTANT shall make pro fe ss ional on-site inspections of the PROJECT often enough to ensure familiarity with the progress and qual ity of the Work, to determine if the Work is proceeding in acceptable conformance with the Contract Documents, and to review the work with the OWNER's inspector. However, such inspections shall not be less than one (1) per month. On the basis of such on-site professional inspections as an engineer, the CONSULTANT shall keep the owner informed of the progress and quality of the Work. In performing these services, the CONSULTANT will endeavor to protect the OWNER against defects and deficiencies in the quality and quantity of the Work of the Contractor if such are within its knowledge or should reasonably have been within its knowledge. 3.4.8 The CONSULTANT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the contractor, subcontractors or any other persons performing any of the Work, or for