Res 1990-045 - Laserfiche WebLink

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work; (2) when jeopardy to life and/or property exists; and/or (3) when lack of instructions and/or unavailability of CONSULTANT will 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 behalf 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 professional on-site inspections of the PROJECT often enough to ensure familiarity with the progress and quality of the Contractor's work ("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 two (2) per month. On the basis of such on-site professional inspections as an engineer, the CONSULTANT shall keep the owner informed of the progres s 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 the failure of any 0 f them to carry out the Work in accordance with the Contract Documents unless such acts or omissions are due to negligence of the CONSULTANT or are acts or omissions under its control. However, CONSULTANT shall exercise its authority on behalf of OWNER in accordance herewith and particularly during the construction phase so that the means, methods, techniques, sequences and procedures of construction result in a project completed in accordance with the Contract Documents, and during said phase should CONSULTANT become aware of Contractor's utilization of means, methods, techniques, sequences and/or procedures of construction which, in CONSULTANT's opinion, will not result in completion of the PROJECT in accordance with the Contract Documents or which are unsafe, CONSULTANT shall immediately so inform OWNER and shall take all necessary action which is authorized under this AGREEMENT to correct the matter. In such situations, the CONSULTANT shall have the right and power to immediately cease the Work by Contractor on the PROJECT. 3.4.9 Consult and advise the OWNER; issue all instructions to the Contractor requested by the OWNER; and prepare routine change orders as required for the OWNER's approval and execution in accordance with the Contract Documents; but CONSULTANT shall -6-