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01-25-2016 Council Packet
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01-25-2016 Council Packet
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2/24/2016 1:39:20 PM
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City Council
Council Document Type
Council Packet
Meeting Date
01/25/2016
Council Meeting Type
Regular
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be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of <br />such documents available to their respective proposed Sub -subcontractors. <br />§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS <br />§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided <br />that _ <br />.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to <br />Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the <br />Subcontractor and Contractor in writing; and <br />.2 assignment is subject to the prior rights of the surety, if any, obligated underbond relating to the <br />Contract. {' <br />When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and <br />obligations under the subcontract. <br />§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's <br />compensation shall be equitably adjusted for increases in cost resulting from the suspension. ' S <br />i I ` <br />§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a <br />successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, <br />the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the <br />subcontract. <br />ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS <br />§ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS <br />§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's <br />own forces, and to award separate contracts in connection with other portions of the Project or other construction or . <br />operations on the site under Conditions of the Contract identical or substantially similar to these including those <br />portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost <br />involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15 <br />) <br />§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations <br />on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes <br />each separate Owner -Contractor Agreement. <br />§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and, of each separate <br />contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with <br />r <br />other separate contractors and the Owner in reviewing their construction schedules. The Contractosliall,make any <br />revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction <br />schedules shall then constitute the schedules to be used by the Contractor, separate contractors ;and the Ov'ner until <br />subsequently revised. I 4 / <br />§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs c n str'uction or operations <br />related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations <br />and to have the same rights that apply to the Contractor under the Conditions of the Contract, -including; without <br />excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. <br />§ 6.2 MUTUAL RESPONSIBILITY <br />§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction' and' <br />storage of their materials and equipment and performance of their activities, and shall connect and coordinate the <br />Contractor's construction and operations with theirs as required by the Contract Documents. 1. <br />§ 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by <br />the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly <br />report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable <br />for such proper execution and results. Failure of the Contractor so to report shall constitute 'an -acknowledgment -that.- .-. <br />AIA Document A201n' — 2007. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The <br />American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International <br />Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal <br />penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:05:44 on <br />08/20/2009 under Order No.3726989292_1 which expires on 05/28/2010, and is not for resale. <br />User Notes: <br />(926118731) <br />
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