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The CONTRACTOR shall, wimout charge, permit the landowner,
<br />mining companies, and such ether CONTRACTORS to use the reads
<br />and other laclities cortstrumetl or improved by the CONTRACTOR for
<br />Cte contract work: providetl, that such usage shall in no way interfere
<br />with the contract work of lire CONTRACTOR.
<br />17. ACCESS AND WORKING AREA
<br />,:ccev :c :he sites or to the vic:nity of sites is by puGlic reads and
<br />private roads as shown on the drawings or as may be located in the
<br />lield. Some sites may not have adequate access roads tort
<br />CONTRACTOR'S methods or equipment and consimc:ion or
<br />improvement of existing roads may be required. Access roads used
<br />cr constructed by the CONTRACTOR shall be maintained and
<br />restored to pre-ersting or beder conditions.
<br />The CONTRACTOR shall tontine his access roads, equtpment, the
<br />storage of materials and the operation of his workmen to the
<br />immediate vicinity of the work sties and shall not unreasonably
<br />encumber the premises with his materials and equipment. Caution
<br />shall be exertlsetl at all times to avoid blocKing roads or in any other
<br />way intedenng wim operations by others or presenting a hazard to
<br />personnel, equipment, or to the public.
<br />The CONTRACTOR shall provide such temporary harrtrades, fences,
<br />or warning signs as may be necessary to make temporary or
<br />permanent roads safe by night as well as by day. He shall at all times
<br />have a sc-~cient number of watchmen ,flagmen, and warning lights
<br />to protect ;ralfic where it is interteretl with by his operations, where his
<br />trucks enter or leave public roads, or where work is being done
<br />atllacent to such roads.
<br />18. 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 />tS. ROYALTIES AND PATENTS
<br />The CONTRACTOR shall pay all royaltles and license fees. He shall
<br />tlefentl all suits or claims for infringement of any patent rights antl
<br />shall save the State or Coloratlo harmless from loss on account
<br />Hereof.
<br />20. PROJECT PUBLICITY
<br />The OWNER will be sole provider of information about the protect
<br />work to area residents, and special districts, county, state, and federal
<br />agencies, and individuals Irom the media. Any contraM with these
<br />groups by the contractor must be cleared Through the OWNER.
<br />2l. HISTORICAL PRESERVA71ON
<br />Areas atljacent to the mine sites orien contain relatetl artifacts and
<br />structures, such as buildings, tipples, ore houses, headframes and
<br />foundations that may be historically stgniticam. Care shall be
<br />ezert75ed to avoid any disturbances to these sirucures and artifacts,
<br />in order to preserve their integrity. Existing structures shalt not be
<br />usetl as load-bearing devices.
<br />22. UTILRIES
<br />Utilities, both underground and above-ground, may exist which could
<br />affect construction work covered under this contract. The
<br />CONTRACTOR is responsible for determining the nature and
<br />locations of any antl all utilities which coultl affect construction work
<br />covered under Nis contract. The horizontal and vertical locations of
<br />utllities may vary. The CONTRACTOR is responsible for ezcavatidn
<br />and equipment movement without damage to utilities. The
<br />CONTRACTOR assumes all responsibility for damages to any utilities
<br />he causes under this contract.
<br />23. ELECTRICAL POWER AND POTABLE AND
<br />CONSTRUCTION WATER
<br />The CONTRACTOR Shall be responsible for providing electrical
<br />power antl potable and construction water as needed to pertortn the
<br />contract work. If Ne CONTRACTOR tlesires to use power other than
<br />portable generators, the GONTRACTOR'S plans for providing such
<br />power will De subled to the OWNER'S poor approval. The cost for
<br />providing power and water wilt not be paid for separately 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 performed with due
<br />diligence in acccrcarce with gcod engineenrg and cor.s:ruction
<br />p2ctices to the ere :hat the entire coniratt work shaft be completed
<br />within '.`._ ~.-a SC-:':Etl in 'he Ei' ~clir"a"od -e^'r;_ C'_a.. It's
<br />express:y :.rcars:coc and agreed, oy and Between the parties hereto,
<br />that the stipulated project schedule, described is a reasonaole fime tort
<br />completion of rite work, taking into consideration all factors, including
<br />average climatic conditions prevailing in the area.
<br />For good and sufficient cause, such as (a) unsuitable weather, (b)
<br />faulty vrorkmanship. ® improper superintendence, (tl) the
<br />CONTRACTOR'S lailure to carry out any reasonable order or to
<br />pedortn any provision of the purchase order and collateral documents,
<br />er (e) any other circumstance unfavorable for proseartion of the work,
<br />the OWNER shall have the fight to suspend the CONTRACTOR'S
<br />performance of the work. Notice of such suspension shall be in
<br />writing. The CONTRACTOR shall resume performance of the work
<br />promptly when so notified in writing. The CONTRACTOR shall not be
<br />entitled to any cost or damages resulting from such suspension.
<br />There vnll be added to the time estimated for the prolecr t work noted
<br />in the Special Conditions the number of days, ii any, that the
<br />CONTRACTOR is allowed tort reasons of unusual, unsunable weather
<br />as stipulated above. No extension of time shall be allowed tort
<br />reasons as stipulated in (b), (c), and (d) above.
<br />If Ne CONTRACTOR is responsible for a delay in progress of the
<br />work the CONTRACTOR shalt, without additional cost, work overtime
<br />and utilize such additional equipment antl manpower as may be
<br />necessary to complete the contract work by the slipulatetl date.
<br />Ftilure to comply vrill be grounds tort termination of this Agreement as
<br />stipulated below or assessment of liquidated damages as stiputatetl
<br />under Ne Liquidated Damages clause of these General CpntliGons.
<br />If the CONTRACTOR should fail to prosecute the work propedy and
<br />diligently, or default peAonnance of any provision of the purchase
<br />onier and its collateral documenLS, the OWNER crier seven days
<br />written notice to the CONTRACTOR and his surety may, without
<br />prejudice to any other remedy the OWNER mat have, dismiss the
<br />CONTRACTOR and complete the work, and may deduct ttte mst of
<br />so doing from any unpaid balance of the contract price due or to
<br />become due me CONTRACTOR. I1 such cost of completion of the
<br />work is in excess of the unpaid balance o1 the contract price, the
<br />CONTRACTOR shall reimburse the OWNER tort 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 OUANlTT7ES
<br />The CONTRACTOR shall understand that the quantities and
<br />measurements set forth in the Special Conditions are in no case
<br />exact antl in some irtstances the exact quantities and measurements
<br />are impossible to determine until after conditions stave become known
<br />during construction; that the quantities shown in the Special
<br />Conditions are for use as a basis fort comparing bids only. The
<br />OWNER does not expressly, or by implication, agree that the actual
<br />amount of work performed or material furnished or installed vnll
<br />correspond therewith and further, that during the pmgress of the work
<br />the OWNER may find it advisable and shall have the right to make
<br />changes in locations of portions of the work, to omit portions of the
<br />work antl to increase or decrease the quantities, as may be deemed
<br />necessary or desirable. Under no circumstances or conditions vnll the
<br />CONTRACTOR be paid anything on account of anticipated proilTs
<br />upon the work or any~portion thereof covered by the Contract which
<br />is not acWally pertormed: nor will the CONTRACTOR be paid more
<br />than the unit price bid for any item of the bid because the acual
<br />quantity is greater or less than the quantity shown in the Inv'tation and
<br />Bitl Sheet.
<br />Measurements of any openings have been made in sufficient detail
<br />to establish general shapes and dimensions. The locations and
<br />dimensions of verfical and horizontal openings and depth of materials
<br />shown on the documents as waste material, soil and unconsokdaled
<br />material and rock material are approximate measurements only and
<br />shall be verified by excavation.
<br />The OWNER, without invalitlating the purchase order contract, may
<br />ortler extra work, or make any other reasonably related changetl by
<br />altering, adding to Or deducting from the work; the contmct pace and
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