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B. 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 decisions, <br /> acceptability of the Contractor's Work, and early possession. The Owner has the authority to accept or <br /> reject requests for progress payments that have been submitted by the Contractor and recommended by the <br /> Owner's Representative. The Owner has the authority to make determinations of the acceptability of the <br /> Work. The Owner also has the authority to accept or reject the Owner's Representative's recommendations <br /> regarding retention of 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 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 /> B. 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 /> C. 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 requirements <br /> 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 orders, or to <br /> 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 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 /> 1 <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-13 Issue for Bid <br />