|
The CONTRACTOR shall, without charge, permit me lantlovmer,
<br />mining companies, and such omer CONTRACTORS to use me roads
<br />and other fadlities cortsttucted or improved by the CONTRACTOR for
<br />me contract work provided, that such usage shall in no way interfere
<br />with me.centred work of me CONTRACTOR.
<br />77. ACCESS AND WORKING AREA
<br />Access to me sites or to me vicinity of sites is by public roads and
<br />private roads as shown on the drawings or as may be located in the
<br />field. Some sites may not have adequate access roads for
<br />CONTRACTOR'S memotls or equipment antl construction or
<br />improvemern of existing marls may be required. Access roads used
<br />or construded by the CONTRACTOR shall be maintained and
<br />restored to pre-existing or better conditions.
<br />The CONTRACTOR shall confine his access roads, equipment, the
<br />storage of materials and the operation of his workmen to the
<br />immediate vicinity of the work sites and shall not unreasonably
<br />encumber the premises with his materials and equipment. Caution
<br />shall be exercised at all times to avoitl blocking roads or in any other
<br />way interfering with operations by others or presenting a hazard to
<br />personnel, equipment, or to the public.
<br />The CONTRACTOR shall provide such temporary barticades, fences,
<br />or waming signs as may be necessary to make temporery or
<br />pertnanern roads safe Dy night as well as by tlay. He shall at all times
<br />have a sufficient number of watchmen ,flagmen, and waming lights
<br />to prated traffic where it is imerteretl with Dy his operetons, where his
<br />trucks enter or leave public roatls, or where work is being done
<br />ddjacenl t0 SOCh rbatl5.
<br />78. PERMRS, LICENSES AND REGULATIONS
<br />Permits and licenses required for prosecution of the work shall be
<br />procured and paid for by me.CONTRACTOR.
<br />19. ROYALTIES AND PATENTS
<br />The CONTRACTOR shall pay all royalties and license fees. He shall
<br />defend all suits or claims for infringement of any patent rights antl
<br />shall save the State of Colorado harmless from loss on account
<br />thereof.
<br />20. PROJECT PUBLICITY
<br />The OWNER will be sole provider of information about the projed
<br />woM f0 area reaitlernS, and Spedal dishlCCS, courtly, state, and fede2l
<br />agencies, and individuals from the metlia. Any centred with mese
<br />groups by the contrador must be deared through the OWNER.
<br />21. HISTORICAL PRESERVATION
<br />Areas adjacent to the mine sites often contain related artifads and
<br />structures, such as 6uiltlings, tipples, are houses, headhames and
<br />foundations that may be historically significant Care shall be
<br />exerdsetl to avoid any disturbances to mese stmdures and artrfads,
<br />in oMer to preserve weir integrity. Existing structures shall not be
<br />used as load-bearing devices.
<br />22. UTILRIES
<br />Utilities, born untlerground arM above-ground, may exist which could
<br />affect construction work covered under mis contract The
<br />CONTRACTOR is responsible for determining me naNre and
<br />locations of any and all utilities which could afted construction work
<br />covered untler mis contract. The horizontal and vertical locations of
<br />utilities may vary. The CONTRACTOR is responsible for excavation
<br />and equipment movement without damage to utilities. The
<br />CONTtiACTOR assumes all responsibility for damages to any utilities
<br />he C3USes untler mis contfad.
<br />23. ELECTRICAL POWER AND POTABLE AND
<br />CONSTRUCTION WATER
<br />The CONTRACTOR shall be responsble for providing eledrical
<br />power and potable and constrocton water as needed to pertorn me
<br />contrad work If me CONTRACTOR desires to use power omer man
<br />portable generators, me CONTRACTOR'S plans for providing such
<br />power will be subjed to me OWNER'S poor approval. The cost for
<br />providing power antl water will trot be paid for separetely but shall be
<br />included in the bid prices of the various work items.
<br />24, WORK PROGRESS
<br />The CONTRACTOR agrees that work will be pertormetl wim due
<br />diligence in aaordance with good engineering and constmdion
<br />practices to the end that the entire contred work shall be completed
<br />within the time spedfietl in me Bid Solicitation memorandum. It is
<br />expressly understood arW agreed, by and between the ponies hereto,
<br />that the stipulated projed schedule, described is a reasonable time for
<br />completion of the work, taking into consitleration all fadors, including
<br />average dimatic conditions prevailing in me area.
<br />For good and sufficient cause, such as (a) unsuitable weather, (b)
<br />faulty workmanship, ® improper superintendence, (d) the
<br />CONTRACTOR'S failure to tarty out any reasonable order or to
<br />pertortn any provision of me purchase omer and collateral tlocumerns,
<br />or (e) any other dreumstance unfavorable for prosecution of the work,
<br />the OWNER shall have the fight. to suspend the CONTRACTOR'S
<br />pertortnance of the work. Notice of such suspension shall be in
<br />writing. The CONTRACTOR shall resume pertortnance of me work
<br />promptty when so notified in writing. The CONTRACTOR shall not be
<br />entitled to any cost or damages resulting from such suspension.
<br />There will be added to the time estimated for the project t work noted
<br />in the Spedal Conditions the number of days, if any, that the
<br />CONTRACTOR is allowed for reasons of unusual, unsuitable weather
<br />as stipulated above. No extension of time shall be allowed for
<br />reasons as stipulated in (b), (c), and (d) above.
<br />If me CONTRACTOR is responsible for a delay in progress of the
<br />wodc the CONTRACTOR shall, wfthout additional cost, work overtime
<br />antl utilize such atltlitional equipment and manpower as may be
<br />necessary to complete the contrad work by the stipulated date.
<br />Failure to comply will be grounds for termination of this Agreemern as
<br />stipulated below or assessment of liquidatetl tlamages as stipulated
<br />under me Liquidated Damages douse of these General Conditions.
<br />If the CONTRACTOR shoultl fail to prosecute me work properly and
<br />diligentty, or default performance of any provision of the purchase
<br />order and its collaterel documents, the OWNER after seven days
<br />written notice to me CONTRACTOR antl his surety may, wimout
<br />prejudice to any other remedy the OWNER mat have, dismiss the
<br />CONTRACTOR and complete the work, antl may deduct the cost of
<br />so doing from arty unpaid balance of the comred price due or to
<br />become due me CONTRACTOR. if such cost of compfetion of the
<br />work is in excess of the unpaid balance of the contred price, me
<br />CONTRACTOR shall reimburse the OWNER for such excess or the
<br />OWNER shall have cause of action at law for the amount of such
<br />excess and all costs of prosecution of such action.
<br />25. ESTIMATED QUANTITIES
<br />The CONTRACTOR shall understand mat the quantities and
<br />measurements set forth in the Special Conditions are in no ease
<br />exec! and in some instances the exad quantities antl measurements
<br />are impossible to determine unlit after conditions have become known
<br />during construction; mat the quantities shown in me Special
<br />Conditions are for use as a basis for comparing bids only. The
<br />OWNER does not expressly, or by implication, agree that me acual
<br />amount of wont performed or material furnished or installed will
<br />cortespontl merewim antl further, mat during me progress of me wont
<br />me OWNER may find it advisable and shall have me right to make
<br />changes in locations of portions of me wont, to omit portions of me
<br />work antl to increase or decrease me quantities, as may be deemed
<br />necessary or tlesireble. Under no dreumstances or conditions will me
<br />CONTRACTOR be paid anything on account of antidpated profits
<br />upon me work or any portion mereof covered by me Conirad which
<br />is not actually pertortned; nor will me CONTRACTOR be paid more
<br />man me unit pace bid for any item of me bid because me actual
<br />quantity is greater or less than me quantity shown in me Invitation and
<br />Bid Sheet.
<br />Measurements of any openings have been made in sutfident detail
<br />to establish generel shapes antl dimensions. The locations and
<br />dimensions of vertipl and horizontal openings and deem of materials
<br />shown on the documents as waste material, soil antl unconsolidated
<br />material and rock material are approximate measurements only antl
<br />shall be verified by excavation.
<br />The OWNER, wit7WUt invalidating me purchase order contred, may
<br />order extra work, or make any omer reasonably relatetl changed by
<br />altering, adding to or detlucting from me work; me contred pace antl
<br />
|