FLOOD08723

• County: Larimer
• Stream Name: Cache La Poudre
• Basin: South Platte
• Title: Specifications and Contract Documents for Reservoir Number 2 Rehabilitation Project
• Date: 7/1/1990
• Prepared For: Larimer
• Prepared By: Consultants
• Floodplain - Doc Type: Community File

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royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance, repair and replacement service wjll be indi-
cated. The application will also contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affected by the resulting
change, all of which shall be considered by ENGINEER
in eva1ualing the proposed subslitate. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.

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6.7.2. Ifa specific means, method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furni~h or
utilize a substitute means, method, sequence. technique
or procedure of construction acceptable to ENGINEER,
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that provided in paragraph 6.7.1 as applied
by ENGINEER and as may be supplemented in thc Gen-
eral Requirements.

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6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole jodge of acceptability, and no
substitute will be ordered. installed or utilized without
ENGIN EER's prior written acceptance which will be evi.
denced by either a Change Ordcr or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants tor cvaluat-
ing each proposed substitute.

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Concerning Subcontractors, Suppliers and Others:

6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2), whether inilially or as a substi-
tute, against whom OWNER or ENGINEER may have
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or olher person or
organization to furnish or perform any oflhe Work against
whom CONTRACTOR has rcasonable objection.

u.8..2. If the Suprkmcntary Conditions require lhe
identity of cerlain Subcontractors, Supplil:rs or uth~r per.
sons or organizations (including thos~ who arc to furni"lh
the princiflul items of m.Hcri.\ls and equipment) 10 he sub~
mittcJ 10 OWNER in ..Idv.ml.:c llfthl: spl'citiel.l J:'lte prior
to the Effective Dale of the Agreement for acceptance by

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OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions, OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents orthe Contract Documents)
of any such Subcontractor, Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute, the
COnlract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWN ER or ENGINEER of any such
Suhconlractor, Supplier or other person or organization
shall constitute a waiver orany right orOWNER or ENOl-
N EER to reject dlIee(il'e Work.

6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. SUflpliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indircct contract with CONTRACTOR just as CONTRAC-
TOR is rcsponsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relalionship between OWNER or ENGINEER
and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations.

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

6.11. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuunt to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
condilions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
reccived by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragmphs 5.6 and 5,7.

Patent Fees and Royalties:

6.12. CONTRACTOR shall pay alllicensc fees and roy-
alties and assume ...11 costs incident to the use in the perfor-
mani.:C of the Work or the incorporation in the Work of any
inwntion. design. process. product or device which is the
'iubjcct or patent rights or copyrights held by others. If a
p.trticular invention, desil{n. process. product or device is
specified in thl: Cuntracl Documents for use in the perfor-
mance of the Work and iflo the actual knowledge orOWNER

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