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03-25-2015 Council Packet
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03-25-2015 Council Packet
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General Condi lions <br />(mal payment, a Change Order shall be issued incorporating the necessary revision in the Contract <br />Documents, including appropriate reduction in the Compensation to the Contractor; or, if the <br />acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to <br />Owner. <br />3.11 OWNER MAY CORRECT DEPEC'I'IVF WORK <br />If Contractor fails within the allowed time after written notice of Owner to proceed to correct <br />defective Work or to remove and replace rejected Work as required by Owner in accordance with <br />Paragraph 3.8, or if Contractor fails to perform the Work in accordance with the Contract Documents <br />(including any requirements of the progress schedule) Owner may, after seven clays' written notice to <br />Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, <br />Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial <br />action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the <br />Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, <br />appliances, construction equipment and machinery at the site and incorporate in the Work all <br />materials and equipment stored at the site or for which Owner has paid Contractor but which are <br />stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such <br />access to the site as may be necessary to enable Owner to exercise its rights under this paragraph. All <br />direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an <br />amount verified by Owner, and a Change Order shall be issued incorporating the necessary revisions <br />in the Contract Documents and a reduction in the Contractor's Compensation. Such direct and <br />indirect costs shall include, in particular but without limitation, compensation for additional <br />professional services required and all costs of repair and replacement of work of others destroyed or <br />damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not <br />be allowed an extension of the Contract Time because of any delay in performance of the Work <br />attributable to the exercise by Owner of Owner's rights hereunder. <br />4. INSURANCE, LEGAL RESPONSIBILITY PUBLIC SAFETY AND .MISCELLANEOUS <br />4.1 INSURANCE <br />4.1.1 General: The Contractor shalt not commence work under this contract until it has obtained all <br />insurance required under this Section and shall have filed the certificate of insurance or the certified <br />copy of the insurance policy with the Owner. The Contractor shall not allow any subcontractor to <br />commence work on its subcontract until all insurance required for the subcontractor has been <br />obtained. Each insurance policy shall contain a ctause providing that it shall not be canceled by the <br />insurance company without ten (10) days written notice to the Owner of intent to cancel. The <br />Contractor shall notify its insurance company in writing that the insurance company trust notify the <br />Owner if it cancels the Contractor's insurance. The Contractor shall provide a copy of this written <br />notice to the Owner. Each insurance policy shall contain a clause naming the Owner and any <br />property owner affected by the Work as an additionally insured party under the policy, <br />Certificates of insurance shall he submitted on Standard Form C.I.C.C.-70I or ACORD 25 forms and <br />shall specifically note the clause providing for 10 days written notice to the Owner of intent to <br />cancel. The certificates of insurance shall also specifically note the clause naming the City of Little <br />City of Little Canada, City Hall Audio/Video Project 14 <br />18 <br />
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