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02-11-1985 Council Packet
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02-11-1985 Council Packet
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I <br />r5.1.3 Engineer will have authority to disapprove or reject Work which is <br />defective, and will also have authority to require special inspection or <br />testing of the Work as provided in Paragraph 7.9, whether or not the Work <br />is fabricated, installed or completed. The Engineer shall not have charge <br />r <br />of or control over the Work and shall have no authority to stop the Work. <br />5.1.4 If Owner and Engineer agree, Engineer will furnish a Resident <br />Project Representative to assist Engineer in observing the performance of <br />the Work. The duties, responsibilities and limitations of authority of <br />any such Resident Project Representative and assistants will be as <br />provided in these Conditions for the Engineer. <br />C 5.1.5 Neither Engineer's authority to act under this Section 5 or <br />elsewhere in the Contract Documents nor any decision made by Engineer in <br />good faith either to exercise or not exercise such authority shall give <br />rise to any duty or responsibility of Engineer to Contractor, any <br />Subcontractor, any manufacturer, fabricator, supplier or distributor, or <br />any of their agents or employees or any other person performing any of the <br />Work. <br />1. <br />5.1.6 Whenever in the Contract Documents the terms "as ordered", "as <br />directed", "as required", "as allowed", or terms of like effect or import <br />t <br />are used, or the adjectives "reasonable", "suitable", "acceptable", <br />"proper", or "satisfactory", or adjectives of like effect or import are <br />used to describe requirements, direction, review or judgment of Engineer <br />as to the Work, it is intended that such requirements, direction, review <br />( or judgment will be solely to evaluate the Work for compliance with the <br />t* Contract Documents (unless there is a specific statement indicating <br />otherwise). The use of any such term or adjective never indicates that <br />�< Engineer shall have authority to supervise or direct performance of the <br />Work or authority to undertake responsibility contrary to the provisions <br />9 <br />of Paragraphs 5.1.7 or 5.1.8. <br />5.1.7 Engineer will not be responsible for Contractor's means, methods, <br />+� techniques, sequences or procedures of construction, or the safety <br />precautions and programs incident thereto, and Engineer will not be <br />responsible for contractor's failure to perform the Work in accordance <br />�a with the Contract Documents. <br />5.1.8 Engineer will not be responsible for the acts or omissions of <br />Contractor or of ar,. Subcontractors, or of the agents or employees of anv <br />Contractor or Subcontractor, or of any other persons at the site of <br />otherwise performing any of the Work. <br />5.2 ASSIGNMENT OF CONTRACT <br />The Contractor shall neither sublet, sell, transfer, assign or otherwise dis- <br />pose of the Contract or any portion thereof, or of his right, title or inter- <br />est therein, or his obligations thereunder, nor, if this Contractor is a cor- <br />porate entity, sublet, sell, transfer or assign a majority of the outstanding <br />shares of stock in the corporation, without prior written consent of the <br />M <br />t <br />3526a <br />4/81 <br />
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