A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 the Owner's Representative authority over the work. Whenever it is so provided in this 2 Contract, the decision of the Owner's Representative shall be final. 111 3 The Owner's Representative's decisions will be final on all questions including, but not 4 limited to, the following: 5 1. Quality and acceptability of materials and work; I 6 2. Measurement of work, whether lump sum, Force Account, or unit price; 7 3. Acceptability of rates of progress on the work; 8 4. Interpretation of plans and Specifications; 111 9 5. Determination as to the existence of changed or differing site conditions; 10 6. Fulfillment of the Contract by the Contractor; 11 7. Payments under the Contract including adjustment; 12 8. Suspension(s) of work; II 13 9. Termination of the Contract for default or public convenience; and 14 10. Approval of working or detail drawings and Submittals. 15 If the Contractor fails to respond promptly to the requirements of the Contract or orders 16 from the Owner's Representative: 17 1. The Owner's Representative may use the Owner's resources, other contractors, 18 or other means to accomplish the work, and 19 2. The Owner will not be obligated to pay the Contractor, and will deduct from the 20 Contractor's payments, any costs that result when any other means are used to 21 carry out the Contract requirements or Owner's Representative's orders. 22 At the Contractor's risk, the Owner's Representative may suspend all or part of the work 23 if: 24 The Contractor fails to fulfill Contract terms, to carry out the Owner's 1 25 Representative's orders, or to correct unsafe conditions of any nature; or 26 It is in the public interest. 27 28 The Owner's Representative and Owner shall have complete access to the work and to 29 the site of the work and to the places where work is being prepared or where materials, 30 Equipment, and machinery are being obtained for the work. If requested by the Owner's i 31 Representative or Owner, the Contractor shall provide the assistance necessary for 32 obtaining such access, and shall provide information related to the inspection of 33 construction. Absence of such access or information, as needed, may result in the 34 Owner's refusal to accept the work. 35 36 The Owner's Representative has the authority to recommend Change Orders, but does 37 not have authority to approve Change Orders. Proposed Change Orders are subject to 38 review and approval by the Owner. No proposed Change Order or any change of 39 Contract Sum or Contract Time is effective or binding upon the City unless and until the 40 Mayor or its designee signs it, as authorized by City Council or by ordinance. 41 111 42 To detail and illustrate the work, the Owner's Representative may furnish to the 43 Contractor additional plans and explanations consistent with the original plans. The ii 44 Contractor shall perform the work according to these additional plans and explanations. II 45 46 The Owner's Representative may appoint assistants and inspectors to assist in 47 determining that the work and materials meet the Contract requirements. Assistants and 48 inspectors have the authority to reject defective material and suspend work that is being 49 done improperly, subject to the final decisions of the Owner's Representative or, when 50 appropriate, the Owner. 51 52 Assistants and inspectors are not authorized to accept work, to accept materials, to 53 issue instructions, or to give advice that is contrary to the Contract. Work done or I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 24 I