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1 <br />I <br />i <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 />Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other <br />Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the <br />same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR <br />under any provisions of the Contract Documents. <br />6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR <br />and their Subcontractors or between Subcontractors. <br />6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent <br />or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the <br />CONSULTANT in writing. <br />Patent Fees and Royalties : <br />6.13 The CONTRACTOR will pay all license fees and royalties and assume all costs incident to the use of any invention, <br />design, process or device which is the subject of patent rights or copyrights held by others. They will indemnify and hold <br />harmless the CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against <br />all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during <br />or after the completion of the Work, and shall defend all such claims in connection with any alleged infringement of such <br />rights. <br />6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties materials, <br />appliances, articles or systems prior to bidding. However, they shall not be responsible for such determination on systems <br />which do not involve purchase by them of materials, appliances and articles. <br />Permits : <br />6.15 The CONTRACTOR will secure and pay for all construction permits and licenses and will pay for all governmental <br />charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. <br />00710-10 <br />