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The Work shall not be delayed or postponed pending resolution of any disputes or <br /> disagreements. All disputes shall be resolved in accordance with Article 37 pertaining to <br /> Mediation and Arbitration of Disputes. <br /> ARTICLE 20. AUTHORITY OF THE CITY <br /> 20.1 The City Manager or his designee shall determine or answer, all questions of any nature <br /> whatsoever arising out of, under or in connection with, or in any way relating to or on account of <br /> the Work, and/or as to the interpretation of the Work to be performed. <br /> 20.2 The Contractor shall be bound by all determinations or orders of the City Manager or his <br /> designee and shall promptly respond to requests of the City, including the withdrawal or <br /> modification of any previous order,and regardless of whether the Contractor agrees with the City's <br /> determination or requests. <br /> 20.3 All instructions to the Contractor shall be issued in writing. All instructions to the <br /> Contractor shall be issued through the City Manager or his designee. <br /> 20.4 The City shall have access to the Project Site during normal work hours, unless access <br /> is required by the City due to health, safety or welfare of the City or the public. The Contractor <br /> shall provide safe facilities for such access so the City may perform their functions under the <br /> Agreement. The City will make periodic visits to the Work Site to become generally familiar with the <br /> progress and quality of the Work, and to determine if the Work is proceeding in accordance with the <br /> Contract Documents. <br /> 20.5 The City will not be responsible for construction means, methods, techniques, sequences <br /> or procedures, or for safety precautions and programs in connection with the Work, and will <br /> not be responsible for the Contractor's failure to carry out the Work in accordance with the <br /> Agreement. <br /> 20.6 The City Manager or his designee will have authority to reject Work that does not <br /> conform to the Contract Documents requirements. Whenever it is considered necessary or <br /> advisable to ensure the proper implementation of the Contract Documents, the City Manager <br /> or his designee will have authority to require special inspections or testing of the Work,whether or <br /> not such Work is fabricated, installed or completed. Neither the City Manager's, or his designee's <br /> authority to act under this Article, nor any decision made by the City Manager or his designee in <br /> good faith either to exercise or not to exercise such authority, shall give rise to any duty or <br /> responsibility of the City to the Contractor, any Sub-Contractor, supplier or any of their agents, <br /> employees, or any other person performing any of the Work. <br /> 20.7 The City will not be responsible for the acts or omissions of the Contractor, or anyone <br /> employed or contracted directly or indirectly by the Contractor including any Sub-Contractor, or <br /> any of their agents or employees, or any other persons performing any of the Work. <br /> ARTICLE 21. DEFECTIVE WORK <br /> 21.1 The City Manager or his designee shall have the authority to reject or disapprove Work <br /> which is found to be defective. If defective work is found, Contractor shall promptly either correct <br /> all defective work or remove such defective Work and replace it with non-defective Work. <br /> 13 <br /> L'% L <br />