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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . decisions are to be binding only in the absence of the Engineer, and shall be subject to his review, when in the judgment of the inspectors the work or materials are not in accordance with the Specifications, they shall have the power to stop the work, which shall not be resumed until the Engineer has rendered his decision upon the matter in dispute. 9. Quantities: The right is reserved to change the Plans and Specifications consistently with the general intention of the Contract for any part of the work or materials, either before or after constructions has begun. Notice of such changes shall be given in writing to the Contractor; such changes are not to be grounds for any claim by the Contractor for damages, nor for the forfeiture of the Contract. 10. Supervision and Inspection: The structures herein considered are to be constructed for the City by the Contractor in accordance with the Specifications and accompanying Plans. The Engineer may give instructions or directions to supplement the Plans and Specifications. These shall be binding upon the Contractor and upon all his subcontractors, employees and agents of every kind. The Contractor shall not retain in connection with the work any employee, agent or subcontractor whose presence shall be deemed prejudicial to the work. Where words "Directions of', "Approval of', and similar phrases occur in these Specifications, such directions and approvals are understood to be functions of the Engineer and his representatives. The Contractor's procedure and methods of construction may be of his own selection provided they secure results, which satisfy the requirements of the Plans and Specifications. Permission by the Engineer to use any particular device or method of construction shall not relieve the Contractor from full responsibility for any failure, which may arise therefrom. All materials and every process and operation of manufacture, construction, and erection shaH be subject to inspection at all times, and the Engineers and their representatives shall have free access to all parts of the work of construction and erection. Every facility desired for inspecting the workmanship and testing the qualities of material shall be furnished by the Contractor. and the City shall have the right to take suitable samples of all materials for testing or examination. Except when otherwise specified herein, the City, at the City's expense, shall make all required tests. Rejected materials shall be removed promptly from the vicinity of the work: and workmanship and processes deemed to be faulty should be corrected immediately upon request. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgn1ent of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. If the Engineer requests it, the Contractor shall at any time before final acceptance of the work remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as "Extra Work", but should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor's expense. No work shall be done, nor materials used, without suitable supervision or inspection by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered or obligate the City to final acceptance. General Specifications Oct. 2007 Page 5 of 15