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RFP No. 02-03-01 Landscape Improv.
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Last modified
6/13/2012 1:55:59 AM
Creation date
1/5/2011 9:39:34 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Landscape Improv.
Bid No. (xx-xx-xx)
02-03-01
Project Type (Bid, RFP, RFQ)
Bid
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be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment <br />of equal substance and function for those referred to in the Contract Documents by reference to brand name or <br />catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of <br />equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the <br />CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made <br />by the CONTRACTOR without a change in the Contract Price or the Contract Time. <br />6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be <br />the judge of quality. <br />6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for <br />an extension of construction time. <br />6.6.4 Should any Work or materials, equipment or products not conform with requirements of the Drawings and <br />Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and <br />replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance <br />of the Project. All such Work shall be done at the expense of the CONTRACTOR- <br />6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor <br />subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by <br />the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the <br />Work. <br />Concerning Subcontractors: <br />6.7 The CONTRACTOR will not employ any Subcontractor, against whom the CITY or the CONSULTANT may have <br />reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by <br />the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. <br />6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of their Subcontractors and of persons and <br />organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may <br />be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. <br />Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any <br />Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any <br />obligation on the part of CITY or CONSULTANT to pay or to see to payment of any persons due any Subcontractor <br />or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to <br />any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the <br />CONTRACTOR on account of specified Work done in accordance with the schedule values. <br />6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the <br />CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. <br />6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the <br />Contract Documents for the benefit of the CITY. <br />6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement <br />between the CONTRACTOR and the Subcontractor. <br />6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors and materialmen <br />engaged upon their Work. <br />6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the <br />00710-10 <br />
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