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FLOOD06073
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Last modified
1/25/2010 7:07:47 PM
Creation date
10/5/2006 1:59:00 AM
Metadata
Fields
Template:
Floodplain Documents
County
Ouray
Community
Ouray
Stream Name
Cascade Creek
Basin
Gunnison
Title
Contract Documents for Debris and Flood Control Improvements Cascade Creek, Phase II
Date
5/10/1984
Prepared For
Ouray
Prepared By
Simons Li & Associates Inc.
Floodplain - Doc Type
Project
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<br />. <br /> <br />royalty. All variations of the proposed substitute from thcft <br />specified will be identified in the application and available <br />maintenance. repair and replacement service will be indi- <br />cated. The application will also contain an itemized esti- <br />mate of all costs that will result directly or indirectly from <br />acceptance of such substitute, including costs of redesign <br />and claims of other contractors affected by the resulting <br />change, all of which shall be considered by ENGINEER <br />in evaluating the proposed substitute. ENGIN EER melY <br />require CONTRACTOR to furnish at CONTRACTOR's <br />expense additional data about the proposed substitute. <br /> <br />6.7.2. !fa specific means, method, technique. sequence <br />or procedure of construction is indicated in or required by <br />the Contract Documents, CONTRACTOR may furnish 0r <br />utilize a substitute means, method, sequence, technique <br />or procedure of construction acceptable to ENGINEER, <br />if CONTRACTOR submits sufficient information to allow <br />ENGINEER to determine that the substitute proposed is <br />equivalent to that indicated or required by the Contract <br />Documents, The procedure for review by ENGINEER <br />will be similar to that provided in paragraph 6.7. f as applied <br />by ENGINEER and as may be supplemented in the Gen- <br />eral Requirements. <br /> <br />6,7,3, ENGINEER will be allowed a reasonable time <br />within which to evaluate each proposed substitute. ENGI- <br />NEER will be the sole judge of acceptability, and nO <br />substitute will be ordered, installed or utiljzed without <br />ENGINEER's prior written acceptance which will be evi- <br />denced by either a Change Order or an approved Shop <br />Drawing, OWNER may require CONTRACTOR to fur- <br />nish at CONTRACTOR's expense a special performance <br />guarantee or other surety with respect to any substitute. <br />ENGINEER will record time required by ENGINEER <br />and ENGINEER's consultants in evaluating substitutions <br />proposed by CONTRACTOR and in making changes in <br />the Contract Documents occasioned thereby. Whether or <br />not ENGINEER accepts a proposed substittite, CON- <br />TRACTOR shall reimburse OWNER for the charges of <br />ENGINEER and ENGINEER's consultants for evaluat- <br />ing each proposed substitute. <br /> <br />Concerning Subcontractors, Suppliers and Others: <br /> <br />6,8, I, CONTRACTOR shall not employ any Subcon. <br />tractor, Supplier or other person or organization (including <br />those acceptable to OWNER and ENGINEER as indi- <br />cated in paragraph 6.8.2), whether initially or as a substi.. <br />tute, against whom OWNER or ENGINEER may have <br />reasonable objection. CONTRACTOR shall not be requirc.d <br />to employ any Subcontractor, Supplier or other person or <br />organization to furnish or perform any of the Work against <br />whom CONTRACTOR has reasonable objection, <br /> <br />6.8.2. If the Supplementary Conditions require the <br />identity of cCI1ain Subcontractors, Suppliers or other per- <br />sons or organizations (including those who are to furnish <br />the principal items of materials and equipment) to be sub- <br />mitted to OWNER in advance of the specified date prior <br />to the Effective Date of the Agreement for acceptance by <br /> <br />OWNER and ENGINEER and if CONTRACTOR has <br />submitted a list thereof in accordance with the Supple- <br />mentary Conditiom" OWNER's or ENGINEER''i accept- <br />ance (either in writing or by failing to make written objec- <br />tion thereto by the date indicated for acceptance or ohjec- <br />tion in the bidding documents or the Contract Documents) <br />of any such Subcontractor, Supplier or other person or <br />organization so identified may be revoked on the basis of <br />reasonable objection after due investigation. in which case <br />CU:--JTRACTOR shall submit an acceptable substitute, the <br />Contract Price will be incn:ased by the difference in the <br />cost occasioned by such substitution and an appropriate <br />Change Order will bl~ issued or Written Amendment signed. <br />No a<:ceptance by OWNER or ENGINEER of any sLlch <br />Subcontractor, Supplier or other person or organization <br />shall constitute a waiver of any right of OWNER or ENGI- <br />NEER to reject defectil'e Work. <br /> <br />6,9, CONTRACTOR shall be fully responsible to OWNER <br />and ENGINEER for all acts and omissions of the Subcon- <br />tractors, Suppliers and other persons and organizations per- <br />forming or furnishing any of the Work under a direct or <br />indirect contract with CONTRACTOR just as CONTRAC- <br />TOR is responsible for CONTRACTOR's own acts and omis- <br />sions. Nothing in the Contract Documents shall create any <br />contrac:tuol relationship between OWNER or ENGlNEER <br />and any such Subcontractor, Supplier or other person or <br />organization, nor shall it create any obligation on the part of <br />OWNER or E.NGINEER to payor to see to the payment of <br />any moneys due any SllCh Subcontractor. Supplier or other <br />person or organization except as may otherwise be required <br />by Laws and Regulations. <br /> <br />6.10. The divisions and sections orthe Specifications and <br />the identifications of any Drawings shall not control CO~- <br />TRACTOR in dividing the Work among Subcontractors or <br />Suppliers or delineating the Work to be performed by any <br />specific trade. <br /> <br />6, II, All Work performed for CONTRACTOR by a Sub- <br />contractor will bc pursuant to an appropriate agreement <br />between CONTRACTOR and the Subcontractor which spe- <br />cifically binds the Subcontractor to the applicable terms and <br />conditions of the Contract Documents for the benefit of <br />OWNER and ENGINEER and contains waiver provisions <br />as required by paragraph 5.11. CONTRACTOR shall pay <br />each Subcontractor a just share of any insurance moneys <br />received by CONTRACTOR on account of losses under pol- <br />icies issued pursuant to paragraphs 5.6 and 5.7. <br /> <br />Patent Fees and Royaltif.'s: <br /> <br />6,12. CONTRACTOR shall pay all license fees and roy- <br />alties and assume all costs in.:idcnt to the use in the perfor- <br />mance of the Work or the incorporation in the \Vork of any <br />invention. design, process, product or device which is the <br />subject of patent rights or copyrights held by others. If a <br />particular invention. design, process. product or device is <br />specified in the Contract Documents for use in the perfor- <br />mance orthe Work and if to the actual knowledge of OWNER <br /> <br />15 <br />
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