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<br />City of Santa Ana RFP 22-031 <br />Page 28 <br /> <br />City Responsibilities <br /> <br />1.0 CITY -DIRECTOR’S AUTHORITY <br />The Director’s Representative is the only person authorized to direct changes in any of the <br />requirements under the Agreement and, not withstanding any provisions contained elsewhere in <br />the Agreement, and said authority remains solely in the Director’s Representative. In the event <br />that the Contractor effects any such changes at the direction of any person other than the <br />Director’s Representative, the changes will be considered to have been made without authority <br />and solely at the risk of the Contractor. In addition, the Director’s Representative shall have the <br />authority to accept/reject materials, workmanship and to make changes in work or schedule, <br />when the City determines that no extra costs are involved. The Director’s Representative shall <br />also have the authority to suspend portions of the specifications and withhold the cost of the <br />suspended portion of the agreement at his/her discretion. <br /> <br />The intent of these specifications is known by the City of Santa Ana. Any questions relating to <br />the interpretation of these specifications must be addressed, in writing, prior to the start of work. <br />When the performance of the work or completion per schedule is determined to be sub-standard <br />or not on schedule, the Director’s Representative may recommend that all or a portion of <br />payment be withheld. In addition, the Director’s Representative shall have the option to hire <br />another qualified contractor to perform any portion of the work specified and withhold payment <br />in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be <br />deducted from the next or subsequent monthly payment due, or if the amount is insufficient to <br />cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. <br /> <br />The Director’s Representative shall decide all questions and/or interpretations, which may arise <br />as to the interpretation of the quality of work, manner of performance, completion per schedule, <br />acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, <br />and compensation, including completion of work by alternate sources. <br /> <br />Special Requirements <br /> <br />See-ATTACHMENT 4: ADDITIONAL PROVISIONS <br /> <br /> <br />Exhibit 1