Reso 2014-2264 - Laserfiche WebLink

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ARTICLE 16. CONTINUING THE SERVICES Contractor shall cam' on the Services 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 Services shall not be delayed or postponed pending resolution of any disputes or disagreements. All disputes shall be resolved in accordance with Article 34 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 Services. and/or as to the interpretation of the Services 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 his 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 areas of the Project during normal work hours, unless access is required by the City due to health, safety or welfare of the City or the public. 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 Project areas to become generally familiar with the progress and quality of the Services. and to determine if the Services are proceeding in accordance with the Contract Documents. 17.5 The City will not be responsible for construction means. methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Services, and will not be responsible for the Contractor's failure to carry out the Services in accordance with this Agreement. 17.6 The City Manager or his designee will have authority to reject any Services that do not strictly conform to the Contract Document 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 Services, whether or not such Services are fabricated. installed orcompleted. Neither the City Manager or his designee's authority to act under this Article. nor any decision made by the City Manager or his 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 Services. 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 ,r) I r 1. 12 �) '_�