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City of Everett 00 7200 - 9 <br />2024 WPCF Biosolids Removal UT 3826-2 <br /> <br /> <br />00 7200 - 9 GENERAL CONDITIONS <br />3. OWNER <br />3.1. GENERAL <br />The Owner, and the Owner’s Representative, shall have the authority to act as the sole judge of the Work, <br />Equipment and materials with respect to both quantity and quality as set forth in the Contract. It is <br />expressly stipulated that the Drawings, Specifications and other Contract Documents set forth the <br />requirements as to the nature of the completed Work and do not purport to control the method of <br />performing Work except in those instances where the nature of the completed Work is dependent on the <br />method of performance. <br />The Owner has the authority to act, do, perform, and make any all decisions and actions authorized by the <br />Contract Documents, including, but not limited to, Change Orders, progress payments, Contract <br />decisions, acceptability of the Contractor's Work, and early possession. The Owner has the authority to <br />accept or reject requests for progress payments that have been submitted by the Contractor and <br />recommended by the Owner’s Representative. The Owner has the authority to make determinations of <br />the acceptability of the Work. The Owner also has the authority to accept or reject the Owner’s <br />Representative's recommendations regarding retention of defective Work. <br />3.2. OWNER’S REPRESENTATIVE <br />The Owner’s Representative shall be satisfied that all the Work is being done in accordance with the <br />requirements of the Contract. The Contract and Specifications give the Owner’s Representative authority <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 />1. 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 />1. 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