|
E. CONTRACTOR shall require all Subcontrac-
<br />tors, Suppliers, and such other individuals or entities
<br />performing or furnishing any of the Work to commu-
<br />nicate with ENGINEER through CONTRACTOR.
<br />F. The divisions and sections of the Specifica-
<br />tions and the identifications of any Drawings shall not
<br />control CONTRACTOR in dividing the Work among
<br />Subcontractors or Suppliers or delineating the Work
<br />to be performed by any specific trade.
<br />G. All Work performed for CONTRACTOR by a
<br />Subcontractor or Supplier will be pursuant to an
<br />appropriate agreement between CONTRACTOR and
<br />the Subcontractor or Supplier which specifically binds
<br />the Subcontractor or Supplier to the applicable terms
<br />and conditions of the Contract Documents for the
<br />benefit of OWNER and ENGINEER. Whenever any
<br />such agreement is with a Subcontractor or Supplier
<br />who is listed as an additional insured on the property
<br />insurance provided in paragraph 5.06, the agreement
<br />between the CONTRACTOR and the Subcontractor
<br />or Supplier will contain provisions whereby the
<br />Subcontractor or Supplier waives all rights against
<br />OWNER, CONTRACTOR, ENGINEER, ENGINEER's
<br />Consultants, and all other individuals or entities
<br />identified in the Supplementary Conditions to be listed
<br />as insureds or additional insureds (and the officers,
<br />directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of
<br />them) for all losses and damages caused by, arising
<br />out of, relating to, or resulting from any of the perils or
<br />causes of loss covered by such policies and any other
<br />property insurance applicable to the Work. If the
<br />insurers on any such policies require separate waiver
<br />forms to be signed by any Subcontractor or Supplier,
<br />CONTRACTOR will obtain the same.
<br />6.07 Patent Fees and Royalties
<br />A. CONTRACTOR shall pay all license fees and
<br />royalties and assume all costs incident to the use in
<br />the performance of the Work or the incorporation in
<br />the Work of any invention, design, process, product,
<br />or device which is the subject of patent rights or
<br />copyrights held by others. If a particular invention,
<br />design, process, product, or device is specified in the
<br />Contract Documents for use in the performance of the
<br />Work and if to the actual knowledge of OWNER or
<br />ENGINEER its use is subject to patent rights or
<br />copyrights calling for the payment of any license fee
<br />or royalty to others, the existence of such rights shall
<br />be disclosed by OWNER in the Contract Documents.
<br />To the fullest extent permitted by Laws and Regula-
<br />tions, CONTRACTOR shall indemnify and hold
<br />harmless OWNER, ENGINEER, ENGINEER's
<br />Consultants, and the officers, directors, partners,
<br />employees or agents, and other consultants of each
<br />and any of them from and against all claims, costs,
<br />losses, and damages (including but not limited to all
<br />fees and charges of engineers, architects, attorneys,
<br />and other professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of or
<br />relating to any infringement of patent rights or
<br />copyrights incident to the use in the performance of
<br />the Work or resulting from the incorporation in the
<br />Work of any invention, design, process, product, or
<br />device not specified in the Contract Documents.
<br />6.08 Permits
<br />A. Unless otherwise provided in the Supple-
<br />mentary Conditions, CONTRACTOR shall obtain and
<br />pay for all construction permits and licenses. OWN-
<br />ER shall assist CONTRACTOR, when necessary, in
<br />obtaining such permits and licenses. CONTRACTOR
<br />shall pay all governmental charges and inspection
<br />fees necessary for the prosecution of the Work which
<br />are applicable at the time of opening of Bids, or, if
<br />there are no Bids, on the Effective Date of the
<br />Agreement. CONTRACTOR shall pay all charges of
<br />utility owners for connections to the Work, and
<br />OWNER shall pay all charges of such utility owners
<br />for capital costs related thereto, such as plant
<br />investment fees.
<br />6.09 Laws and Regulations
<br />A. CONTRACTOR shall give all notices and
<br />comply with all Laws and Regulations applicable to
<br />the performance of the Work. Except where
<br />otherwise expressly required by applicable Laws and
<br />Regulations, neither OWNER nor ENGINEER shall
<br />be responsible for monitoring CONTRACTOR's
<br />compliance with any Laws or Regulations.
<br />B. If CONTRACTOR performs any Work know-
<br />ing or having reason to know that it is contrary to
<br />Laws or Regulations, CONTRACTOR shall bear all
<br />claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers,
<br />architects, attorneys, and other professionals and all
<br />court or arbitration or other dispute resolution costs)
<br />arising out of or relating to such Work; however, it
<br />shall not be CONTRACTOR's primary responsibility
<br />to make certain that the Specifications and Drawings
<br />are in accordance with Laws and Regulations, but this
<br />shall not relieve CONTRACTOR of CONTRACTOR's
<br />obligations under paragraph 3.03.
<br />C. Changes in Laws or Regulations not known
<br />at the time of opening of Bids (or, on the Effective
<br />Date of the Agreement if there were no Bids) having
<br />00700 - General Conditions REV 5-10-13
<br />00700-22
<br />FiPublic Works\ENGINEERING DIVISION PROJECTS\1325 58th Avenue (57th St to CR 510) Roadway Inventory\1-Admin\Bids\Bid Documents\00700 - General Conditions REV 5-10-
<br />13.doc
<br />
|