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to control the method of performing Work except in those instances where the nature of the <br /> completed Work is dependent on the method of performance. <br /> B. The Owner has the authority to act, do, perform, and make any all decisions and actions <br /> authorized by the Contract Documents, including, but not limited to, Change Orders, progress <br /> payments, Contract decisions, acceptability of the Contractor's Work, and early possession. The <br /> Owner has the authority to accept or reject requests for progress payments that have been <br /> submitted by the Contractor and recommended by the Owner's Representative. The Owner has <br /> the authority to make determinations of the acceptability of the Work. The Owner also has the <br /> authority to accept or reject the Owner's Representative's recommendations regarding retention of <br /> defective Work. <br /> 3.2 Owner's Representative <br /> A. The Owner's Representative shall be satisfied that all the Work is being done in accordance with <br /> the requirements of the Contract. The Contract and Specifications give the Owner's <br /> Representative authority over the administration of the Contract. Whenever it is so provided in <br /> this Contract,the decision of the Owner's Representative shall be final. <br /> B. The Owner's Representative's decisions will be final on all questions including but not limited to, <br /> unless 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 /> C. If the Contractor fails to respond promptly to the requirements of the Contract or orders from the <br /> Owner's Representative: <br /> 1. The Owner's Representative may use the Owner's resources, other contractors, or other <br /> means to accomplish the Work, and <br /> 2. The Owner will not be obligated to pay the Contractor, and will deduct from the <br /> Contractor's payments, any costs that result when any other means are used to carry out the <br /> Contract requirements or Owner's Representative's orders. <br /> D. 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 <br /> orders,or to correct unsafe conditions of any nature; or <br /> 2. It is in the public interest. <br /> E. The Owner's Representative and Owner shall have complete access to the Work and to the Site of <br /> the Work and to the places where Work is being prepared or where materials, Equipment, and <br /> machinery are being obtained for the Work. If requested by the Owner's Representative or <br /> Owner, the Contractor shall provide the assistance necessary for obtaining such access, and shall <br /> WFP Operations Building Seismic Retrofit- Rebid January 6, 2017 <br /> WO#UP3600 007213 - 14 <br />