American Process Group Inc 4/15/2020

City of Everett 00 7200 - 9 2020 Biosolids Removal UT3705-11 ' The Owner has the authority to act, do,perform, and make any all decisions and actions authorized by the Contract Documents,including,but not limited to, Change Orders,progress payments, Contract ' decisions, acceptability of the Contractor's Work, and early possession. The Owner has the authority to accept or reject requests for progress payments that have been submitted by the Contractor and recommended by the Owner's Representative. The Owner has the authority to make determinations of ' the acceptability of the Work. The Owner also has the authority to accept or reject the Owner's Representative's recommendations regarding retention of defective Work. 3.2. OWNER'S REPRESENTATIVE The Owner's Representative shall be satisfied that all the Work is being done in accordance with the requirements of the Contract. The Contract and Specifications give the Owner's Representative authority ' over the administration of the Contract. Whenever it is so provided in this Contract,the decision of the Owner's Representative shall be final. The Owner's Representative's decisions will be final on all questions including but not limited to,unless ' specifically assigned to an Architect or Engineer,the following: 1. Measurement of Work,whether lump sum,Force Account, or unit price; 2. Acceptability of rates of progress on the Work; ' 3. Interpretation of Drawings and Specifications with regard to administrative matters; 4. Determination as to the existence of changed or differing site conditions; ' 5. Fulfillment of the Contract by the Contractor; 6. Payments under the Contract including adjustment and; ' 7. Suspension(s)of Work. If the Contractor fails to respond promptly to the requirements of the Contract or orders from the Owner's Representative: ' 1. The Owner's Representative may use the Owner's resources, other contractors,or other means to accomplish the Work, and ' 2. The Owner will not be obligated to pay the Contractor,and will deduct from the Contractor's payments,any costs that result when any other means are used to carry out the Contract requirements or Owner's Representative's orders. At the Contractor's risk,the Owner's Representative may suspend all or part of the Work if 1. The Contractor fails to fulfill Contract terms,to carry out the Owner's Representative's orders, or to correct unsafe conditions of any nature; or ' 2. It is in the public interest. The Owner's Representative and Owner shall have complete access to the Work and to the Site of the Work and to the places where Work is being prepared or where materials,Equipment, and machinery are being obtained for the Work. If requested by the Owner's Representative or Owner,the Contractor shall provide the assistance necessary for obtaining such access, and shall provide information related to the ' inspection of construction. Absence of such access or information, as needed,may result in the Owner's refusal to accept the Work. The Owner's Representative has the authority to recommend Change Orders,but does not have authority ' to approve Change Orders. Proposed Change Orders are subject to review and approval by the Owner. No proposed Change Order or any change of Contract Sum or Contract Time is effective or binding upon the Owner unless and until the Mayor or his or her designee signs it, as authorized by City Council or by ordinance. ' 00 7200 - 9 GENERAL CONDITIONS