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007200-9 / <br /> over the administration of the Contract. Whenever it is so provided in this Contract,the decision of the <br /> Owner's Representative shall be final. <br /> The Owner's Representative's decisions will be final on all questions including but not limited to,unless <br /> specifically assigned to an Architect or Engineer,the following: <br /> I. Measurement of Work,whether lump sum,Force Account,or unit price; <br /> 2. Acceptability of rates of progress on the Work; <br /> 3. Interpretation of Drawings and Specifications with regard to administrative matters; <br /> 4. Determination as to the existence of changed or differing site conditions; <br /> 5. Fulfillment of the Contract by the Contractor; <br /> 6. Payments under the Contract including adjustment and; <br /> 7. Suspension(s)of Work. <br /> If the Contractor fails to respond promptly to the requirements of the Contract or orders from the Owner's <br /> Representative: <br /> 1. The Owner's Representative may use the Owner's resources,other contractors,or other means to <br /> accomplish the Work,and <br /> 2. The Owner will not be obligated to pay the Contractor,and will deduct from the Contractor's <br /> payments,any costs that result when any other means are used to carry out the Contract <br /> requirements or Owner's Representative's orders. <br /> At the Contractor's risk,the Owner's Representative may suspend all or part of the Work if: <br /> I. The Contractor fails to fulfill Contract terms,to carry out the Owner's Representative's orders,or <br /> to correct unsafe conditions of any nature;or <br /> 2. It is in the public interest. <br /> The Owner's Representative and Owner shall have complete access to the Work and to the Site of the <br /> Work and to the places where Work is being prepared or where materials,Equipment,and machinery are <br /> being obtained for the Work. If requested by the Owner's Representative or Owner,the Contractor shall <br /> provide the assistance necessary for obtaining such access,and shall provide information related to the <br /> inspection of construction. Absence of such access or information,as needed,may result in the Owner's <br /> refusal to accept the Work. <br /> The Owner's Representative has the authority to recommend Change Orders,but does not have authority <br /> to approve Change Orders. Proposed Change Orders are subject to review and approval by the Owner. <br /> No proposed Change Order or any change of Contract Sum or Contract Time is effective or binding upon <br /> the Owner unless and until the Mayor or his or her designee signs it,as authorized by City Council or by <br /> ordinance. <br /> To detail and illustrate the Work,the Owner's Representative may furnish to the Contractor additional <br /> Drawings and explanations consistent with the original Drawings.The Contractor shall perform the Work <br /> according to these additional Drawings and explanations. <br /> The Owner's Representative may appoint assistants and inspectors to assist in determining that the Work <br /> and materials meet the Contract requirements.Assistants and inspectors have the authority to reject <br /> defective material and suspend Work that is being done improperly,subject to the final decisions of the <br /> Owner's Representative or,when appropriate,the Owner. <br /> Assistants and inspectors are not authorized to accept work,to accept materials,to issue instructions,or to <br /> give advice that is contrary to the Contract.Work done or material furnished which does not meet the <br /> Contract requirements shall be at the Contractor's risk and shall not be a basis for a Contract Claim even <br /> if the Owner's Representative,inspectors or assistants purport to change the Contract. <br /> 007200-9 <br />