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Reso 2002-433
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Reso 2002-433
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Last modified
7/2/2013 4:27:16 PM
Creation date
1/25/2006 1:57:02 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2002-433
Date (mm/dd/yyyy)
04/18/2002
Description
– Agmt w/Weitz Company: Construction Srvs for New City Hall.
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<br />5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall <br />propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was <br />reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the <br />difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the <br />substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change <br />unless the Contractor has acted promptly and responsively in submitting names as required. <br /> <br />5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes <br />reasonable objection to such substitute. <br /> <br />5.3 SUBCONTRACTUAL RELATIONS <br />5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to <br />the extent of the Work to be performed by the Subcontractor. to be bound to the Contractor by terms of the Contract Documents, <br />and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the <br />Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract <br />agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the <br />Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the <br />Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights. remedies and redress <br />against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor <br />shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to <br />each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the <br />Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of <br />the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make <br />copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. <br /> <br />5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS <br />5.4.1 Neither the Owner nor the Contractor shall assi~n his interest in this A~eement without the written consent of the <br />~EaGh sueeaRtFast agFeelBeRt fer a partiaR af the Wark is assigned 9y the CaRtfaeter ta the Ovmer pre..'ides that: <br /> <br />.1 assigameBt is etreeti'le aRly after teffBiBatioR af the CarHfaet BY die OWRer fer Gause pYfSuaRt te PaFagf8pR 14.2 aae <br />anly fer these sueearHfaet agreelMms whiGh die OWBer aeeel'ts BY Il0tifyiftg die SUGaBtraeter aRs CaRtfaGtar in <br />wftting; aae <br /> <br />.2 assigRlRE!Rt is subjest te llie priar rights of the sarety, if aay, ebligates HIlder head relating te the CelHfaet. <br /> <br />5.4.2 UpeR SQE;B assigameRt, if the Werk Bas BeeR syspeRsed fer IRere than 30 days, the SUBseRtfaeter's sempeRsatieR shall <br />Be eElUitably adjasted fer iRGreaSeS in eest FeS~ Crem the SYSpeRSieR. <br /> <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 own forces, <br />and to award separate contracts in connection with other portions of the Project or other construction or operations on the site <br />under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver <br />of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner. the <br />Contractor shall make such Claim as provided in Paragraph 4.3. <br /> <br />6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, <br />the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- <br />Contractor Agreement. <br /> <br />6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with <br />the Work of the Contractor, who shall cooperate with them The Contractor shall participate with other separate contractors and <br />the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the <br /> <br />e AlA DOCUMENT A20 I-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AlA - COPYRIGHT 1997 - THE <br />AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N. W., WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying <br />violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be <br />reproduced without violation until the date of expiration as noted below. User Document: weitz 201 city of sunny,aia - 4/312002. AlA. License Number \000746, <br />which expires on 8/3/2002. <br /> <br />Electronic Format A201-1997 <br />~it' <br />
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