Agenda - Public Works Committee - 08/15/2011

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the Engineer, after due investigation, has reasonable objection to any Subcontractor, person or organization on such list. The failure of the Owner or the Engineer to make objection to any Subcontractor, person or organization on the list prior to the execution of the Work shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the Owner or the Engineer to reject defective workmanship, material, equipment, employees of the Contractor, or Work, material or equipment not in conformance with the requirements of the Contract Documents. 7.5 If, prior to the commencing of the Work, the Owner or the Engineer has reasonable objection to and refuses to accept any Subcontractor, person or organization on such list, the Contractor may, prior to such commencement, either 1) submit an acceptable substitute without an increase in his Contract Price or 2) withdraw his bid and forfeit his bid security. If, after the commencement of the Work, the Owner or the Engineer refuses to accept any Subcontractor, person or organization on such list, the Contractor will submit an acceptable substitute and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no such increase in the Contract Price shall be allowed in respect of any substitution unless the Contractor has acted promptly and reasonably in submitting a name with respect thereto prior to the execution of the Work. 7.6 The Contractor will not employ any Subcontractor (whether initially or as a substitute) against whom the Owner or the Engineer may have reasonable objection, nor will the Contractor be required to employ any Subcontractor against whom the Contractor has reasonable objection. The Contractor will not make any substitution for any Subcontractor who has been accepted by the Owner and the Engineer, unless the Engineer determines that there is good cause for doing so. 7.7 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly employed by them and of persons for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of persons directly employed by the Contractor. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the Owner or the Engineer or any obligation on the part of the Owner. 7.8 The divisions and sections of the Specifications and the identifications of any Plans shall not control the Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any trade. 7.9 The Contractor agrees to specifically bind every Subcontractor to all of the applicable terms and conditions of the Contract Documents. Every Subcontractor, by undertaking to perform any of the Work, will thereby automatically be deemed to be bound by such terms and conditions. 7.10 All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance provided in accordance with Contract Documents. The Contractor shall upon request from the Engineer provide copies of the written subcontract agreements to the Engineer. The Contractor will pay each Subcontractor a just share of any insurance monies received by the Contractor. GC 9