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1 <br /> 1 <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 /> 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 /> 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 1 <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 /> provide information related to the inspection of construction. Absence of such access or <br /> information, as needed, may result in the Owner's refusal to accept the Work. <br /> F. The Owner's Representative has the authority to recommend Change Orders, but does not have I <br /> authority to approve Change Orders. Proposed Change Orders are subject to review and approval <br /> by the Owner. No proposed Change Order or any change of Contract Sum or Contract Time is <br /> effective or binding upon the Owner unless and until the Mayor or his or her designee signs it, as <br /> authorized by City Council or by ordinance. <br /> G. To detail and illustrate the Work, the Owner's Representative may furnish to the Contractor <br /> additional Drawings and explanations consistent with the original Drawings. The Contractor shall <br /> perform the Work according to these additional Drawings and explanations. <br /> PROCESS WATER PUMP STATION 06/13/2017 ' <br /> WO-3647 00 72 13 - 14 <br /> 1 <br />