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2020-159A
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Last modified
3/5/2021 10:09:12 AM
Creation date
10/1/2020 10:55:09 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
08/18/2020
Control Number
2020-159A
Agenda Item Number
8.AM.
Entity Name
Proshot Concrete, Inc.
Subject
CR 512 Bridge Repairs
FDOT 884078 & 884079
Project Number
IRC-1727
Bid Number
2020048
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review is complete, which will be evidenced by either <br />a Change Order for a substitute or an approved Shop <br />Drawing for an "or equal." ENGINEER will advise <br />CONTRACTOR in writing of any negative <br />determination. <br />D. Special Guarantee: OWNER may require <br />CONTRACTOR to furnish at CONTRACTOR's ex- <br />pense a special performance guarantee or other <br />surety with respect to any substitute. <br />E. ENGINEER's Cost Reimbursement: <br />ENGINEER will record time required by ENGINEER <br />and ENGINEER's Consultants in evaluating substitute <br />proposed or submitted by CONTRACTOR pursuant <br />to paragraphs 6.05.A.2 and 6.05.13 and in making <br />changes in the Contract Documents (or in the <br />provisions of any other direct contract with OWNER <br />for work on the Project) occasioned thereby. Whether <br />or not ENGINEER approves a substitute item so pro- <br />posed or submitted by CONTRACTOR, CON- <br />TRACTOR shall reimburse OWNER for the charges <br />of ENGINEER and ENGINEER's Consultants for <br />evaluating each such proposed substitute. <br />F. CONTRACTOR's Expense: CONTRACTOR <br />shall provide all data in support of any proposed <br />substitute or `or -equal" at CONTRACTOR's expense. <br />6.06 Concerning Subcontractors, Suppliers, <br />and Others <br />A. CONTRACTOR shall not employ any <br />Subcontractor, Supplier, or other individual or entity <br />(including those acceptable to OWNER as indicated <br />in paragraph 6.06.13), whether initially or as a <br />replacement, against whom OWNER may have <br />reasonable objection. CONTRACTOR shall not be <br />required to employ any Subcontractor, Supplier, or <br />other individual or entity to furnish or perform any of <br />the Work against whom CONTRACTOR has reason- <br />able objection. <br />B. If the Supplementary Conditions require the <br />identity of certain Subcontractors, Suppliers, or other <br />individuals or entities to be submitted to OWNER in <br />advance for acceptance by OWNER by a specified <br />date prior to the Effective Date of the Agreement, and <br />if CONTRACTOR has submitted a list thereof in <br />accordance with the Supplementary Conditions, <br />OWNER's acceptance (either in writing or by failing to <br />make written objection thereto by the date indicated <br />for acceptance or objection in the Bidding Documents <br />or the Contract Documents) of any such Subcon- <br />tractor, Supplier, or other individual or entity so <br />identified may be revoked on the basis of reasonable <br />objection after due investigation. CONTRACTOR <br />shall submit an acceptable replacement for the <br />rejected Subcontractor, Supplier, or other individual or <br />entity, and the Contract Price will be adjusted by the <br />difference in the cost occasioned by such <br />replacement, and an appropriate Change Order will <br />be issued or Written Amendment signed. No accep- <br />tance by OWNER of any such Subcontractor, <br />Supplier, or other individual or entity, whether initially <br />or as a replacement, shall constitute a waiver of any <br />right of OWNER or ENGINEER to reject defective <br />Work. <br />C. CONTRACTOR shall be fully responsible to <br />OWNER and ENGINEER for all acts and omissions <br />of the Subcontractors, Suppliers, and other <br />individuals or entities performing or furnishing any of <br />the Work just as CONTRACTOR is responsible for <br />CONTRACTOR's own acts and omissions. Nothing <br />in the Contract Documents shall create for the benefit <br />of any such Subcontractor, Supplier, or other <br />individual or entity any contractual relationship be- <br />tween OWNER or ENGINEER and any such <br />Subcontractor, Supplier or other individual or entity, <br />nor shall it create any obligation on the part of <br />OWNER or ENGINEER to pay or to see to the <br />payment of any moneys due any such Subcontractor, <br />Supplier, or other individual or entity except as may <br />otherwise be required by Laws and Regulations. <br />D. CONTRACTOR shall be solely responsible <br />for scheduling and coordinating the Work of Subcon- <br />tractors, Suppliers, and other individuals or entities <br />performing or furnishing any of the Work under a <br />direct or indirect contract with CONTRACTOR. <br />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 />00700 - General Conditions REV 5-10-13 <br />00700-21 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1727 CR -512 EB & WB Bridge (88407879) Repairs\1-Admin\Bid DocumentsWlaster Contract Documents\00700 - General Conditions <br />REV 5-10-13.doc <br />
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