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Tlv CCNT?.ACTCF mall, without char ;e. permit ;h.e lanco`.vr.er,
<br />mining ccmpanws, tine sucn 9mer CON.'??C-CR.S'c use the reties
<br />and;thef'ae:htte5 ~:bn5:NC6: :f'mbrCVed cy:ne CCt7inAG C?. fdf
<br />the ~ ^nimct •ncnc; ;.rc`nced,'r=: ;urn usage ;call fir, cc way,rterter=_
<br />with ;he cc ntmc;'work Gf ;he :GPITRAC-GF..
<br />.;. ACCESS AND WORKING AAFa
<br />Arens :c :h.e sues or tc tF.e vtc:r.~ry of ;rtes s cr poetic rcaCS arc
<br />private roaCS as shown on !te Cravings cr as ma? Se Iccarod in the
<br />rielc. Some sues may cot cave acequate access reads icr
<br />CONTRACTOR'S methods or equipmec: and rnstruc:ion or
<br />improvemeN of zxtsacg reads maybe regcired. Access reads used
<br />or constructed Nr the CGNTRACTOF. shat! be maintained and
<br />restored ;o pre-ewsang or bener conditicns.
<br />The CONTRACTOR sha41 confine his access roads, egUipment, the
<br />storage of matenals and the operahcn cf his woncmen to the
<br />immediate vicinity of the work sites and stall net unreascnatly
<br />encumter the premises vrith his matenals arc equpment. CauSon
<br />shall be exercised at all times to avoid hlcck:ng roars dr in any other
<br />way intertenng ~,vitn operations by others or preser.;:ng a hazard to
<br />personnel, equipment. or to the public.
<br />Tie CONTRACTOR shall prowCe such tempc2ry barticades, 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 sufficient number of watchmen ,flagmen, and warning !fights
<br />to protect traffic •where it is interfered with by his ope2ticns, where his
<br />trucks enter or leave public roads, or •where work is being done
<br />adjacent to Such roads.
<br />78. PERMRS, LICENSES AND REGULATIONS
<br />Permits and licenses required for prosecution of the work shall be
<br />procured and paid for by the CONTRACTOR.
<br />79. ROYALTIES AND PATENTS
<br />The CONTRACTOR shall pay all royalties and license fees. He shall
<br />tlefend all suits or claims for infringement of any patent rights and
<br />shall save the State of Colorado harmless from loss on account
<br />mereof.
<br />2i). PROJECT PUBLfCITY
<br />The OWNER will be sole provid¢r of information about the project
<br />work to area residents, and special districts, county, state, and federal
<br />agencies, and individuals from the media. Any contraG with Vtese
<br />groups by the contractor must be Geared through the OWNER,
<br />21. HISTORICAL PRESERVATION
<br />Areas adjacent to the mine sites often contain related artifacts and
<br />structures, such as buildings, tipples, ore houses, headframes and
<br />foundations that may be historically significam. Care shall be
<br />exercises to avoid any disturbances to mese structures and artilacts,
<br />in order to preserve their integrity. Existing structures shall not be
<br />used as foatl-bearing devices.
<br />22. UTILfTIES
<br />Utllities, boat underground and above-ground. may exist which could
<br />affect construction work covered under this contract. The
<br />CONTRACTOR is responsible for tletertnining the nature and
<br />Iddatidns of any and all utlllties'whlCh cools daedt CdnStNCtidn wbrk
<br />covered untler this contract. The horizontal and vemcal locations of
<br />utilities may vary. The CONTRACTOR is responsible for excavation
<br />and equipment movement without damage to utilities. The
<br />CONTRACTOR assumes all responsibility for tlamages to any utilities
<br />he causes cc^.r ;his contract.
<br />23. ELECTRICAL POWER AND POTABLE AND
<br />CONSTRUCTION WATER
<br />The CONTRACTOR Shall be respons~le for providing electoral
<br />power antl potable and construction water as needed to pertortn the
<br />contract work. If the CONTRACTOR Cesires to use power other than
<br />portable generators, the CONTRACTOR'S plans for providing such
<br />power will be subject to the OWNER'S prior approval. The cost for
<br />providing power and •water will not tie paid tar Separately but shall be
<br />ir.CUCed in ;he tic prices cr the iancu5 wcr< dews.
<br />2x, WORK 'r'nGORESS
<br />The CCNTRACTCR agrees :hat .vc rk will be percrtr.eC ~xi:h. Cue
<br />diligence in accorearce wnh ;cce e^.r,;reecng arc eons;rue::cn
<br />pracficzs ;o the end ;hat ;he ernro ccnVZC; car, rk shall .e oomcleteC
<br />:v .`._ :`..'a sea- '.i=_c .r. ',`; a._ __•.•:. _..,. -: ~ _rncam. It is
<br />exprass:: ~..-.cusrcce and agree', cy tied cer,veen ;te pages hereto.
<br />;ha[ me 5`CWdted project ScheCUle, de5CBC2d is d fedsCdable bm2 fp
<br />completion of the •nork, taking into cenvCeraucn all tatter;, IcCC[ing
<br />average climatic conditicns prevatling in ;he area.
<br />For ;ood and sufficient cause. seta as (ai ursuitaNe :veather, (b)
<br />faulty ~workmansbip, cG ir..cr c-r supecnteccercz. (d) the
<br />CONT?..;CTOF'S failure to carry tut any reasoratle otter cr tc
<br />pedorm any povision cf ;he purcoase ender arc collateral Cccuments,
<br />or (e) any other circumstance ucfavcratle'or presxuGCn cf 7a went,
<br />the OWNER shall have the right to suspend the CCN7RACTCR'S
<br />pedortnarce cf the work. Ne::ce of such suspension shall be in
<br />wr,6ng. The CONTRAGTCR stall resume pertomacce cf ;he work
<br />prcmplly when so nodfietl in wrmr.C. Tae CONTRACTvA ;hall not be
<br />entitled to any cost or Camaces rzsulGng from such suspension.
<br />There vrill be aCdetl to ate time es ;motet for the projett ;work noted
<br />in the Special ConCi5ocs the number of days, If any, atat the
<br />GONTRACTOR is allowed for reasons cf unusual, unswtable'weather
<br />as stipulated above. No extension cr time shall be allowed for
<br />masons 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 shall,'Mthcut additional cost, work overtime
<br />and utilize such additional equipment and manpower as may he
<br />necessary to complete the contract work by the stipulated date.
<br />Failure to comply will tie grounCS for termination of this Agreement as
<br />stipulated below or assessment of liquidated damages as stipulatetl
<br />under the Liquidated Damages clause et these General Conditons.
<br />If the CONTRACTOR should }ail to prosecute the work properly and
<br />dil;gently, or default pertormarce of arty provision of the purchase
<br />order and its collateral dccumenu, the OWNER abet seven days
<br />written notice to the GONTRACTOR and his surety may, without
<br />prejudice to any other remedy the GWNER mat have, dismiss the
<br />CONTRACTOR and complete the work, and may deduM the cost cf
<br />so doing from any unpaid balance of the contract price due or to
<br />become due Ne CONTRACTOR. If such cost of completion of the
<br />work is in excess of the unpaid balance of the contract price, the
<br />CONTRACTOR shall reimburse the OWNER for such excess or the
<br />OWNER shall have cause of scion 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 that the quantities and
<br />measurements set forty in the Special Conditions are in no case
<br />exact and in some instances the exact quantities and measurements
<br />are impossible to determine until after conditions have become known
<br />during consWCtion; that tlfe quantities shown in the Special
<br />Conditions are for use as a basis for comparing bids only. The
<br />OWNER does not expressly, or by implication, agree that the actual
<br />amount of work perormed or material lumi5hed or installed unit
<br />correspond therewith and further, atat during the progress of Ne work
<br />the OWNER may find it atlvisable and shall have the ngJrt to make
<br />changes in locations of portions of the work, to omit portions of Ne
<br />work antl to increase or decrease Ne quantities, as may be deemed
<br />necessary or desi2ble. Under no blrCUm5lancee or conditions will the
<br />CONTRACTOR be paid anything on account of anticipated profits
<br />upon Ne work or any portion thereof covered by the Contract which
<br />is not actually performed; nor will the CONTRACTOR be paid more
<br />than the unit price bid far any item of the bid because the actual
<br />quantity is greater or less than Ne quantity shown in the Invitation and
<br />Bid Sheet.
<br />Measurements of any openings have been matle in sunicient tletail
<br />to establish general shapes antl dimensions. The locations and
<br />dimensions of verocal and horizontal openings and depth of materials
<br />shown on the documents as waste material, soil and unconsolidated
<br />material and rock material are approximate measurements only and
<br />shall be verities by excavation.
<br />The OWNER, without invalidating the purchase ortler contract, may
<br />order extra wont, or make any ether reasonao{y related cnangetl by
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