2010-04-07_GENERAL DOCUMENTS - C1981017

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The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination act of 1957, as amended, and the applicable law respecting discrimination and unfair employment practices. (Reference 24-34-402, C.R.S. as amended and the Governor's Executive Order of April 16, 1975 relating to equal opportunity and affirmative action which are incorporated and made a part hereof by references as if fully set forth herein.) 13. PRIME CONTRACTOR If several CONTRACTORS propose to join together to perform the work, the OWNER will recognize only one bonded prime CONTRACTOR, who will enter into a purchase order contract with the OWNER, and who will subcontract the work to such others as are required to perform the work, unless a A joint venture arrangement between CONTRACTORS satisfactory to the OWNER has been executed. In this case, the joint venture shall designate a Superintendent with whom the OWNER can communicate and who will supervise the work and be fully responsible for the performance thereof. 14. SUBCONTRACTORS The CONTRACTOR shall not, without prior written approval of the OWNER, enter into any subcontract covering any part of the work covered by this contract. An approved verbal request to subcontract shall be followed in writing with the name of the proposed subcontractor and a description of the work to be subcontracted. If at any time the OWNER determines that any subcontractor is incompetent or undesirable, he shall notify the CONTRACTOR accordingly and the CONTRACTOR shall take immediate steps for cancellation of the subcontract. Nothing contained in the purchase order contract shall create any contractual relationship between any subcontractor and the OWNER. Approval by the OWNER to any subcontract or any provisions thereof shall not be construed to be a determination of the acceptability of any subcontract price, or of any amount paid under subcontract or to relieve the CONTRACTOR of any responsibility for performing this purchase order contract. Subcontracting by subcontractors shall be subject to the above requirements. 15. SUPERINTENDENCE OF THE WORK The CONTRACTOR shall keep a competent and reliable superintendent on the job at all times that labor is being performed. The superintendent, in the CONTRACTOR=S absence from the site, shall stand in the stead of the CONTRACTOR and any authoritative directions given to the superintendent shall be as binding as if given to the CONTRACTOR. 16. WORK BY OTHERS The work site is located in a mining area and mining or other construction activities may be occurring at the same time as the work proposed under this contract. It shall be the CONTRACTOR'S responsibility to coordinate his work with those of the landowners, mining companies or other CONTRACTOR'S on the site. The CONTRACTOR shall, without charge, permit the landowner, mining companies, and such other CONTRACTORS to use the roads and other facilities constructed or improved by the CONTRACTOR for the contract work; provided, that such usage shall in no way interfere with the contract work of the CONTRACTOR. 17. ACCESS AND WORKING AREA Access to the sites or to the vicinity of sites is by public roads and private roads as shown on the drawings or as may be located in the field. Some sites may not have adequate access roads for CONTRACTOR'S methods or equipment and construction or improvement of existing roads may be required. Access roads used or constructed by the CONTRACTOR shall be maintained and restored to pre-existing or better conditions. The CONTRACTOR shall confine his access roads, equipment, the storage of materials and the operation of his workmen to the immediate vicinity of the work sites and shall not unreasonably encumber the premises with his materials and equipment. Caution shall be exercised at all times to avoid blocking roads or in any other way interfering with operations by others or presenting a hazard to personnel, equipment, or to the public. The CONTRACTOR shall provide such temporary barricades, fences, or warning signs as may be necessary to make temporary or permanent roads safe by night as well as by day. He shall at all times have a sufficient number of watchmen , flagmen, and warning lights to protect traffic where it is interfered with by his operations, where his trucks enter or leave public roads, or where work is being done adjacent to such roads. 18. PERMITS, LICENSES AND REGULATIONS Permits and licenses required for prosecution of the work shall be procured and paid for by the CONTRACTOR. 19, ROYALTIES AND PATENTS The CONTRACTOR shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the State of Colorado harmless from loss on account thereof. 20. PROJECT PUBLICITY