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

I

I

or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others.
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ENGINEER and anyonc
directly or indirectly employed by either of them from and
against all claims, damages, losses and expenses (including
attornt:ys' fec'i and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention. design. process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any all~ged
infringement of '\uch rights.

I

I

I

I

I

Permits:

6.13, Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when nt:ccs-;ary, in obtaining su,-=h permils and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or if there
are no Bids on the Effective OCAte of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work, and OWNER shall pay all charges of
such utility owners for capitCAI costs related thereto such as
plant investment fees.

I

I

I

1

Laws and Regulations:

6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regalations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by CApplicable Laws and Regu-
lations, neither OWNER nor ENGINEER shall be respon-
sibte for monitoring CONTRACTOR's compliance with
any Laws or Regulations.

I
I
,

I

6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations, CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to
ENGINEER, CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings arc in accordance with such Laws ,lOu
Regulations.

I

il

I

I

Taxes:

6.15. CONTRACTOR shall pay all "ales. consumer. lI'ie
and other similar ta.xes required to be paid by CONTRAC-
TOR in accordance with the Laws and Re~ulations of the

I

I

place of the Project which are applicable during the perfor,
mance of the Work.

'-

Use of Premises:

6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the oper-
ations of workers to thl.: Pruject site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations, rights-
of-way. permits and ea'iements, and shall not unreasonably
encumber the premise'i \....ith construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area, or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work, CONTRACTOR shall promptly attemplto settle
with such other party by agreement or otherwise resolve the
claim by arhitration or at law. CONTRACTOR shall, to the
fullest extenl permitted by Laws and Regulations. indemnify
and hold OWNER and ENGINEER hannJess from and against
all claims. damages, losses and expenses (including, but not
limited to, fees of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action, legal or equi-
table, brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.

',--,

6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubhish and other debris resulting from the Work,
At the completion of the Work CONTRACTOR shall remove
all waste materials, rubbish and debris from and about the
premises as well as all tools, appliances, construction equip-
ment and machinery, and surplus materials, and shall leave
the site clean and ready for occupancy hy OWNER, CON.
TRACTOR shall restore to original condition all property not
designated for alteration b~' the Contract Documents.

6.18. CONTRACTOR shall not load nor permit any part
of any !l.tructure to be loaded in any manner that will endanger
the struclure, nor ,hall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.

Record Documents:

6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Directive Ch,lnges. Field Orders and written interpretations
and clarifications fissued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents togetherwith all approved
samples and a counterparl of all approved Shop Drawings
will he available to ENGINEER for reference, Upon com-

--

16