Reso 2014-2348 - Laserfiche WebLink

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ARTICLE 16. CONTINUING THE WORK Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the City, including, without limitation, disputes or disagreements concerning a request for a Change Order, the Contract Amount, the Contract Time, or Time for Completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. All disputes shall be resolved in accordance with Article 33 pertaining to Mediation and Arbitration of Disputes. ARTICLE 17. AUTHORITY OF THE CITY 17.1 The City Manager or his designee shall determine or answer, 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 /or as to the interpretation of the Work to be performed. 17.2 The Contractor shall be bound by all determinations or orders of the City Manager or his designee and shall promptly respond to requests of the City Manager or his designee, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the City Manager or their designee's determination or requests. 17.3 All instructions to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued through the City Manager or his designee. 17.4 The City shall have access to all Works areas at all times. The Contractor shall provide safe facilities for such access so the City may perform their functions under the Agreement. The City will make periodic visits to the work areas being used by Contractor 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. 17.5 The City will not be responsible for means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Agreement. 17.6 The City Manager or his designee will have authority to reject Work that does not conform to the Contract Documents requirements. Whenever it is considered necessary or advisable to ensure the proper implementation of the Contract Documents, the City will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the City Manager or their designee's authority to act under this Article, nor any decision made by the City Manager or their designee in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the City to the Contractor, any Sub - Contractor, supplier or any of their agents, employees, or any other person performing any of the Work. 17.7 The City will not be responsible for the acts or omissions of the Contractor, or anyone employed or contracted directly or indirectly by the Contractor including any Sub - Contractor, or any of their agents or employees, or any other persons performing any of the Work. 11