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  2. Finance Committee - Agenda - 3/17/2021 - P168

Finance Committee - Agenda - 3/17/2021 - P168

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
168
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

E. ENGINEER’s Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER’s Consultants
in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in
making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on
the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER’s Consultants for
evaluating each such proposed substitute.

F. CONTRACTOR’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or “or-equal” at
CONTRACTOR’s expense.

6.06 Concerning Subcontractors, Suppliers, and Others

A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER
may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or
entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date
of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions,
OWNER’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for
acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or
other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation.
CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of
any right of OWNER or ENGINEER to reject defective work.

C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is
responsible for CONTRACTOR’s own acts and omissions. Nothing in the Contract Documents shall create for the
benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER
or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on
the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier,
or other individual or entity except as may otherwise be required by Laws and Regulations.

D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers,
and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with
CONTRACTOR.

E. CONTRACTOR | shall require all Subcontractors, Suppliers, and such other individuals or entities performing or
furnishing any of the Work to communicate with ENGINEER through CONTRACTOR.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any
specific trade.

G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any
such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance

GC - 23 of 55

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Finance Committee - Agenda - 3/17/2021 - P168

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