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Agenda - Council - 09/27/2016
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Agenda - Council - 09/27/2016
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Meetings
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Meeting Type
Council
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09/27/2016
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thereof covered by an appropriate Change <br />Order . <br />B. Owner as fiduciary shall have power to adjust <br />and settle any loss with the insurers unless one <br />of the parties in interest shall object in writing <br />within 15 days after the occurrence of loss to <br />Owner's exercise of this power. If such <br />objection be made, Owner as fiduciary shall <br />make settlement with the insurers in <br />accordance with such agreement as the parties <br />in interest may reach. If no such agreement <br />among the parties in interest is reached, <br />Owner as fiduciary shall adjust and settle the <br />loss with the insurers and, if required in <br />writing by any party in interest, Owner as <br />fiduciary shall give bond for the proper <br />performance of such duties. <br />5.09 Acceptance of Bonds and Insurance; Option to <br />Replace <br />A. If either Owner or Contractor has any <br />objection to the coverage afforded by or other <br />provisions of the bonds or insurance required <br />to be purchased and maintained by the other <br />party in accordance with Article 5 on the basis <br />of non-conformance with the Contract <br />Documents, the objecting party shall so notify <br />the other party in writing within 10 days after <br />receipt of the certificates (or other evidence <br />requested) required by Paragraph 2.01.B. <br />Owner and Contractor shall each provide to <br />the other such additional information in <br />respect of insurance provided as the other <br />may reasonably request. If either party does <br />not purchase or maintain all of the bonds and <br />insurance required of such party by the <br />Contract Documents, such party shall notify <br />the other party in writing of such failure to <br />purchase prior to the start of the Work, or of <br />such failure to maintain prior to any change in <br />the required coverage. Without prejudice to <br />any other right or remedy, the other party may <br />elect to obtain equivalent bonds or insurance <br />to protect such other party's interests at the <br />expense of the party who was required to <br />provide such coverage, and a Change Order <br />shall be issued to adjust the Contract Price <br />accordingly. <br />5.10 Partial Utilization, Acknowledgment of Property <br />Insurer <br />A. If Owner finds it necessary to occupy or use a <br />portion or portions of the Work prior to <br />Substantial Completion of all the Work as <br />provided in Paragraph 14.05, no such use or <br />occupancy shall commence before the <br />insurers providing the property insurance <br />pursuant to Paragraph 5.06 have <br />acknowledged notice thereof and in writing <br />effected any changes in coverage necessitated <br />thereby. The insurers providing the property <br />insurance shall consent by endorsement on the <br />policy or policies, but the property insurance <br />shall not be canceled or permitted to lapse on <br />account of any such partial use or occupancy. <br />ARTICLE 6 — CONTRACTOR'S <br />RESPONSIBILITIES <br />6.01 Supervision and Superintendence <br />A. Contractor shall supervise, inspect, and direct <br />the Work competently and efficiently, <br />devoting such attention thereto and applying <br />such skills and expertise as may be necessary <br />to perform the Work in accordance with the <br />Contract Documents. Contractor shall be <br />solely responsible for the means, methods, <br />techniques, sequences, and procedures of <br />construction. Contractor shall not be <br />responsible for the negligence of Owner or <br />Engineer in the design or specification of a <br />specific means, method, technique, sequence, <br />or procedure of construction which is shown <br />or indicated in and expressly required by the <br />Contract Documents. <br />B. At all times during the progress of the Work, <br />Contractor shall assign a competent resident <br />superintendent who shall not be replaced <br />without written notice to Owner and Engineer <br />except under extraordinary circumstances. <br />The superintendent will be Contractor's <br />representative at the Site and shall have <br />authority to act on behalf of Contractor. All <br />communications given to or received from the <br />superintendent shall be binding on Contractor. <br />6.02 Labor; Working Hours <br />A. Contractor shall provide competent, suitably <br />qualified personnel to survey and lay out the <br />Work and perform construction as required by <br />Standard General Conditions <br />00 72 00-17 <br />
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