Project Management Oversight. Club shall have a designated 384 individual to act as the Owner’s Designated Representative responsible for oversight of both the 385 Architect and the ▇▇▇▇ during the Project. It is not required, however, that Club’s designated 386 individual be present at the construction site at all times. At the City’s expense and not included 387 in the Project Budget, the City shall have the right to maintain its field personnel or other 388 designees at the construction site to observe the ▇▇▇▇’▇ construction, or to attend the ▇▇▇▇’▇ 389 meetings, if any, on the construction site. No such observation or attendance by personnel or 390 designees of the City shall impose upon the City responsibility for failure by Architect or the 391 ▇▇▇▇ to observe any laws or safety practices in connection with such construction. 392 393 (b) Neither the City’s public representative nor City’s Authorized Project 394 Manager, if any, will have control over, will be in charge of or will be responsible for 395 construction means, methods, techniques, sequences, or procedures, or for safety precautions and 396 programs in connection with the work, since these are solely the ▇▇▇▇’▇ responsibility. 397 Additionally, neither the City’s public representative nor City’s Authorized Project Manager has 398 authority to bind the City. 399 400 (c) The City may at any time and from time to time, without prior notice to or 401 approval of Club or the ▇▇▇▇, replace the City’s public representative or City’s Authorized 402 Project Manager, if any, with a new City representative. Upon receipt of notice from the City 403 informing Club of such replacement and identifying the new City representative, Club shall 404 recognize such person or firm as City’s representative for all purposes under this Agreement. 405 406 (d) The City’s public representative and City’s Authorized Project Manager, if 407 any, their consultants, and other persons authorized by City will at all times have access to the 408 work wherever it is in preparation or progress. 409 410 (e) The City shall have the right to periodically conduct inspections and tests, 411 at its own expense not included in the Project Budget, on the work performed by the ▇▇▇▇ 412 using its own project manager, employees or a third party for the purpose of independently 413 verifying compliance with the Plans and Specifications. If Club or the ▇▇▇▇ unreasonably 414 interfere with such inspection or tests after being given prior notice by the City of such test or 415 inspection, Club or the ▇▇▇▇, as the case may be, shall be responsible for added or extra costs 416 resulting from such unreasonable interference. 417
Appears in 2 contracts
Sources: Development Agreement, Development Agreement