2010-04-07_GENERAL DOCUMENTS - C1981017

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The OWNER will be sole provider of information about the project work to area residents, and special districts, county, state, and federal agencies, and individuals from the media. Any contract with these groups by the contractor must be Geared through the OWNER. 21. HISTORICAL PRESERVATION Areas adjacent to the mine sites often contain related artifacts and structures, such as buildings, tipples, ore houses, headframes and foundations that may be historically significant Care shall be exercised to avoid any disturbances to these structures and artifacts, in order to preserve their integrity. Existing structures shall not be used as load-bearing devices. 22. UTILITIES Utilities, both underground and above -ground, may exist which could affect construction work covered under this contract. The CONTRACTOR is responsible for determining the nature and locations of any and all utilities which could affect construction work covered under this contract. The horizontal and vertical locations of utilities may vary. The CONTRACTOR is responsible for excavation and equipment movement without damage to utilities. The CONTRACTOR assumes all responsibility for damages to any utilities he causes under this contract. 23. ELECTRICAL POWER AND POTABLE AND CONSTRUCTION WATER The CONTRACTOR shall be responsible for providing electrical power and potable and construction water as needed to perform the contract work. If the CONTRACTOR desires to use power other than portable generators, the CONTRACTOR'S plans for providing such power will be subject to the OWNER'S prior approval. The cost for providing power and water will not be paid for separately but shall be included in the bid prices of the various work items. 24, WORK PROGRESS The CONTRACTOR agrees that work will be performed with due diligence in accordance with good engineering and construction practices to the end that the entire contract work shall be completed within the time specified in the Bid Solicitation memorandum. It is expressly understood and agreed, by and between the parties hereto, that the stipulated project schedule, described is a reasonable time for completion of the work, taking into consideration all factors, including average climatic conditions prevailing in the area. For good and sufficient cause, such as (a) unsuitable weather, (b) faulty workmanship, (c) improper superintendence, (d) the CONTRACTOR'S failure to carry out any reasonable order or to perform any provision of the purchase order and collateral documents, or (e) any other circumstance unfavorable for prosecution of the work, the OWNER shall have the right to suspend the CONTRACTOR=S performance of the work. Notice of such suspension shall be in writing. The CONTRACTOR shall resume performance of the work promptly when so notified in writing. The CONTRACTOR shall not be entitled to any cost or damages resulting from such suspension. There will be added to the time estimated for the project t work noted in the Special Conditions the number of days, if any, that the CONTRACTOR is allowed for reasons of unusual, unsuitable weather as stipulated above. No extension of time shall be allowed for reasons as stipulated in (b), (c), and (d) above. If the CONTRACTOR is responsible for a delay in progress of the work the CONTRACTOR shall, without additional cost, work overtime and utilize such additional equipment and manpower as may be necessary to complete the contract work by the stipulated date. Failure to comply will be grounds for termination of this Agreement as stipulated below or assessment of liquidated damages as stipulated under the Liquidated Damages clause of these General Conditions. If the CONTRACTOR should fail to prosecute the work properly and diligently, or default performance of any provision of the purchase order and its collateral documents, the OWNER after seven days written notice to the CONTRACTOR and his surety may, without prejudice to any other remedy the OWNER mat have, dismiss the CONTRACTOR and complete the work, and may deduct the cost of so doing from any unpaid balance of the contract price due or to become due the CONTRACTOR. If such cost of completion of the work is in excess of the unpaid balance of the contract price, the CONTRACTOR shall reimburse the OWNER for such excess or the OWNER shall have cause of action at law for the amount of such excess and all costs of prosecution of such action. 25. ESTIMATED QUANTITIES The CONTRACTOR shall understand that the quantities and measurements set forth in the Special Conditions are in no case exact and in some instances the exact quantities and measurements are impossible to determine until after conditions have become known during construction; that the quantities shown in the Special Conditions are for use as a basis for comparing bids only. The OWNER does not expressly, or by implication, agree that the actual amount of work performed or material furnished or installed will correspond therewith and further, that during the progress of the work the OWNER may find it advisable and shall have the right to make changes in locations of portions of the work, to omit portions of the work and to increase or decrease the quantities, as may be deemed necessary or desirable. Under no circumstances or conditions will the CONTRACTOR be paid anything on account of anticipated profits upon the work or any portion thereof covered by the Contract which is not actually performed; nor will the CONTRACTOR be paid more than the unit price bid for any item of the bid because the actual quantity is greater or less than the quantity shown in the Invitation and Bid Sheet. Measurements of any openings have been made in sufficient detail to establish general shapes and dimensions. The locations and dimensions of vertical and horizontal openings and depth of materials shown on the documents as waste material, soil and unconsolidated material and rock material are approximate measurements only and shall be verified by excavation.