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Project Manual 11-210C - Ramapo College of New Jersey

Project Manual 11-210C - Ramapo College of New Jersey

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5.1 Contractor-Subcontractor Relationship<br />

ARTICLE 5<br />

SUBCONTRACTORS<br />

5.1.1 The Contractor shall, within thirty (30) days after award <strong>of</strong> the Contract, notify the Contracting<br />

Officer through the Construction Manager, in writing, <strong>of</strong> the names <strong>of</strong> Subcontractors, other than those required to be<br />

listed in the Bid, proposed to perform the principal parts <strong>of</strong> the work and <strong>of</strong> such others as the Contracting Officer may<br />

direct, and shall not employ any Subcontractor without prior written approval <strong>of</strong> the Contracting Officer, or any that the<br />

Contracting Officer may, within a reasonable time, reject.<br />

5.1.2 If the Contracting Officer has reasonable objection to any such proposed person or firm, the<br />

Contractor shall substitute another Subcontractor to which the Contracting Officer has no reasonable objection. Under<br />

no circumstances shall the <strong>College</strong> be obligated for additional cost due to such substitution.<br />

5.1.3 The Contractor shall make no substitution for any Subcontractor, person or firm previously selected<br />

and approved, without written notification to the Contracting Officer and receipt <strong>of</strong> its written approval for such<br />

substitution.<br />

5.1.4 The Contractor acknowledges its full responsibility to the <strong>College</strong> for the acts and omissions <strong>of</strong> its<br />

Subcontractors, and <strong>of</strong> persons and firms either directly or indirectly employed by them, equally to the extent that he is<br />

responsible for the acts and omissions <strong>of</strong> persons and firms directly or indirectly employed by him and the Contractor<br />

acknowledges he remains fully responsible for the proper performance <strong>of</strong> its Contract irrespective <strong>of</strong> whether Work is<br />

performed by its own forces or Subcontractors engaged by him.<br />

5.1.5 Nothing contained in the Contract Documents shall create any contractual relationship between any<br />

Subcontractor and the <strong>College</strong>.<br />

5.1.6 By an appropriate agreement, written where legally required for validity, the Contractor shall require<br />

each Subcontractor, to the extent <strong>of</strong> the Work to be performed by the Subcontractor, to be bound to the Contractor by<br />

the terms <strong>of</strong> the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which<br />

the Contractor, by these Documents, assumes toward the <strong>College</strong>. Where appropriate, the Contractor shall require each<br />

Subcontractor to enter into similar agreement with its Sub-subcontractors.<br />

5.1.7 Contractor shall not grant to any Subcontractor terms more favorable than those extended to the<br />

Contractor by the <strong>College</strong>.<br />

5.1.8 Contractor shall not permit its Subcontractor to subcontract work without the express written approval<br />

<strong>of</strong> the Contracting Officer or its designate.<br />

5.1.9 The Contractor, and all Subcontractors, agree that, in the employment <strong>of</strong> both skilled and unskilled<br />

labor, preference shall be given to residents <strong>of</strong> the State <strong>of</strong> <strong>New</strong> <strong>Jersey</strong>, if such labor force is available.<br />

5.1.10 Approval by the Contracting Officer or its authorized representatives <strong>of</strong> a Subcontractor or material<br />

supplier shall not relieve the Contractor or the Subcontractor or material supplier <strong>of</strong> the responsibility <strong>of</strong> complying with<br />

all provisions <strong>of</strong> the Contract Documents. The approval <strong>of</strong> a Subcontractor does not imply approval <strong>of</strong> any material,<br />

equipment or supplies.<br />

RCNJ <strong>Project</strong> No.: 09-270.1C - 28 -

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