KLB CONSTRUCTION INC. 6/23/2010 - Laserfiche WebLink

1 3.2. OWNER'S REPRESENTATIVE ' 1. The Owner's Representative shall be satisfied that all the work is being done in accordance with the requirements of the Contract. The Contract and Specifications give the Owner's Representative authority over the administration of the Contract. Whenever it is so provided in this Contract, the decision of the Owner's Representative shall be final. 2. The Owner's Representative's decisions will be final on all questions including but not limited to, unless specifically assigned to the Engineer, the following: 111 Measurement of work, whether lump sum, Force Account, or unit price; Acceptability of rates of progress on the work; I Interpretation of plans and Specifications with regard to administrative matters; Determination as to the existence of changed or differing site conditions; 111 Fulfillment of the Contract by the Contractor; Payments under the Contract including adjustment and; Suspension(s)of work. I 3. If the Contractor fails to respond promptly tc the requirements of the Contract or orders from the Owner's Representative: The Owner's Representative may use the Owner's resources, other contractors, or other means to accomplish the work, and The Owner will not be obligated to pay the Contractor, and will deduct from the Contractor's payments, any costs that result when any other means are used to carry out the Contract requirements or Owner's Representative's orders. 4. At the Contractor's risk, the Owner's Representative may suspend all or part of the work if: The Contractor fails to fulfill Contract terms, to carry out the Owner's Representative's orders, or to correct unsafe conditions of any nature; or It is in the public interest. I 5. The Owner's Representative and Owner shall have complete access to the work and to the site of the work and to the places where work is being prepared or where materials, Equipment, and machinery are being obtained for the work. If requested by the Owner's Representative or Owner, the Contractor 111 shall provide the assistance necessary for obtaining such access, and shall provide information related to the inspection of construction. Absence of such access or information, as needed, may result in the Owner's refusal to accept the work. 6. The Owner's Representative has the authority to recommend Change Orders, but does not have authority to approve Change Orders. Proposed Change Orders are subject to review and approval by the Owner. No proposed Change Order or any change of Contract Sum or Contract Time is effective or binding upon the City unless and until the Mayor or his or her designee signs it, as authorized by City Council or by ordinance. 7. To detail and illustrate the work, the Engineer or Owner's Representative may furnish to the Contractor additional plans and explanations consistent with the original plans. The Contractor shall perform the work according to these additional plans and explanations. 8. The Owner's Representative may appoint assistants and inspectors to assist in determining that the work and materials meet the Contract requirements. Assistants and inspectors have the authority to reject defective material and suspend work that is being done improperly, subject to the final decisions of the Owner's Representative or, when appropriate, the Owner or Engineer. 9. Assistants and inspectors are not authorized to accept work, to accept materials, to issue instructions, or to give advice that is contrary to the Contract. Work done or material furnished which does not meet the Contract requirements shall be at the Contractor's risk and shall not be a basis for a EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS PHASE 3 00710-8