|
provisions of any other direct contract with OWNER for
<br />work on the Project) occasioned thereby. Whether or
<br />not ENGINEER approves a substitute item so pro-
<br />posed or submitted by CONTRACTOR, CON-
<br />TRACTOR shall reimburse OWNER for the charges of
<br />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, and
<br />Others
<br />A. CONTRACTOR shall not employ any Subcon-
<br />tractor, Supplier, or other individual or entity (including
<br />those acceptable to OWNER as indicated in paragraph
<br />6.06.13), whether initially or as a replacement, against
<br />whom OWNER may have reasonable objection. CON-
<br />TRACTOR shall not be required to employ any Sub-
<br />contractor, Supplier, or other individual or entity to
<br />furnish or perform any of the Work against whom
<br />CONTRACTOR has reasonable 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 accor-
<br />dance with the Supplementary Conditions, OWNER's
<br />acceptance (either in writing or by failing to make
<br />written objection thereto by the date indicated for
<br />acceptance or objection in the Bidding Documents or
<br />the Contract Documents) of any such Subcontractor,
<br />Supplier, or other individual or entity so identified may
<br />be revoked on the basis of reasonable objection after
<br />due investigation. CONTRACTOR shall submit an
<br />acceptable replacement for the rejected
<br />Subcontractor, Supplier, or other individual or entity,
<br />and the Contract Price will be adjusted by the differ-
<br />ence in the cost occasioned by such replacement, and
<br />an appropriate Change Order will be issued or Written
<br />Amendment signed. No acceptance by OWNER of
<br />any such Subcontractor, Supplier, or other individual or
<br />entity, whether initially or as a replacement, shall
<br />constitute a waiver of any right of OWNER or ENGI-
<br />NEER to reject defective Work.
<br />C. CONTRACTOR shall be fully responsible to
<br />OWNER and ENGINEER for all acts and omissions of
<br />the Subcontractors, Suppliers, and other individuals or
<br />entities performing or furnishing any of the Work just
<br />as CONTRACTOR is responsible for
<br />CONTRACTOR's own acts and omissions. Nothing in
<br />the Contract Documents shall create for the benefit of
<br />any such Subcontractor, Supplier, or other individual or
<br />entity any contractual relationship between OWNER or
<br />ENGINEER and any such Subcontractor, Supplier or
<br />other individual or entity, nor shall it create any
<br />obligation on the part of OWNER or ENGINEER to pay
<br />or to see to the payment of any moneys due any such
<br />Subcontractor, Supplier, or other individual or entity
<br />except as may otherwise be required by Laws and
<br />Regulations.
<br />D. CONTRACTOR shall be solely responsible for
<br />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 direct
<br />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 to
<br />be performed by any specific trade.
<br />G. All Work performed for CONTRACTOR by a
<br />Subcontractor or Supplier will be pursuant to an appro-
<br />priate agreement between CONTRACTOR and the
<br />Subcontractor or Supplier which specifically binds the
<br />Subcontractor or Supplier to the applicable terms and
<br />conditions of the Contract Documents for the benefit of
<br />OWNER and ENGINEER. Whenever any such
<br />agreement is with a Subcontractor or Supplier who is
<br />listed as an additional insured on the property insur-
<br />ance provided in paragraph 5.06, the agreement
<br />between the CONTRACTOR and the Subcontractor or
<br />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 the
<br />performance of the Work or the incorporation in the
<br />Work of any invention, design, process, product, or
<br />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 />General Conditions - 00700 - 16
<br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening 49th St to 69th St\1-Admin\Bid Documents\Master Contract Documents\DIV 0_4_CondiGons of the
<br />Contract.docx
<br />
|