ITB 21-08-01 Utility Undergrounding Golden Shores (final)

Home Browse Search

00700 - 13/38 6.4 SUBSTITUTES OR "OR-EQUAL" ITEMS A. The CONTRACTOR shall submit proposed substitutes or "or-equal" items in accordance with the provisions for "Submittals" in the General Requirements. 6.5 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. The CONTRACTOR shall be responsible to the OWNER and the ENGINEER for the acts and omissions of its subcontractors and their employees to the same extent as CONTRACTOR is responsible for the acts and omissions of its own employees. Nothing contained in this Paragraph shall create any contractual relationship between any subcontractor and the OWNER or the ENGINEER nor relieve the CONTRACTOR of any liability or obligation under the prime Contract. 6.6 PERMITS / CONNECTION FEES A. Unless otherwise provided in the Supplementary General Conditions or Summary of Work, the CONTRACTOR shall obtain all construction permits if required and licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds if required by such agencies. The enforcement of such requirements under this Contract shall not be made the basis for claims for additional compensation. The OWNER shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The OWNER shall pay at cost and directly all governmental permit charges necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. The OWNER shall pay at cost all charges of utility owners for connections to the Work. If CONTRACTOR fails the regulatory inspections, CONTRCATOR shall pay for the re-inspection fees necessary for the prosecution of the WORK. CONTRACTOR shall not commence any work without the appropriate permit. Copy of the respective permits shall be submitted to the ENGINEER prior to commencement of work. B. The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the OWNER or the ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the OWNER in the Contract Documents. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER and the ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights.