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2005-194b
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2005-194b
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Last modified
7/21/2016 9:27:40 AM
Creation date
9/30/2015 8:49:39 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
06/07/2005
Control Number
2005-194b
Agenda Item Number
11.C.2
Entity Name
Clemons-Rutherford & Associates, Inc.
Subject
IRC Jail Expansion 2005 Conditions of the Contract
Area
IRC Jail 4055 41st. Ave.
Supplemental fields
SmeadsoftID
4973
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§ 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 which 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 under a bond or bonds relating <br /> to the Contract. <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 eest-cost. if anv, resulting from the suspension. <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 is <br /> involved because of such action by the Owner, the Gexatfaetef contractor shall make such Claim as provided in <br /> Section 4. 3 . <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 /> other separate contractors and the Owner in reviewing their construction schedules and performance requirements <br /> when directed to do so . The Contractor shall make any revisions to the construction schedule deemed necessary after <br /> a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by <br /> the Contractor, separate contractors and the Owner until subsequently revised . <br /> § 6. 1 .4 Unless otherwise provided in the Contract Documents, when the Owner performs construction 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 which 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 . <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 /> the Owner' s or separate contractor' s completed or partially completed construction is fit and proper to receive the <br /> Contractor' s Work, except as to defects not then reasonably discoverable. <br /> § 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a <br /> separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The <br /> Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly <br /> timed activities, damage to the Work or defective construction of a separate contractor. <br /> § 6 .2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially <br /> completed construction or to property of the Owner or separate contractors as provided in Section 10. 2 . 5 . <br /> AIA Document A201TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 19379 1951 , 1958, 1961 , 1963, 1966, 1967, 19709 1976, 1987 and 1997 <br /> by The <br /> American Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties. <br /> 24 <br /> Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result In severe civil and criminal penalties, and will <br />be <br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17: 14:54 on 05/25/2005 under Order <br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale. <br /> User Notes: (3418817618) <br />
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