1995-03-17_GENERAL DOCUMENTS - C1981048 (4)

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March 1, 1995 When construction crosses highways, railroads, streets or utilities under the jurisdiction of State, County, City or other Public agency, Public Utility or private entity, the Contractor shall secure proper written permission before executing such construction. The contractor will be required to furnish a proper release before final acceptance of the work. Article 30. TAXES State of Colorado as purchaser, is exempt from all Federal taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all State and Local Government Use Taxes (Ref. Colorado Revised Statutes Chapter 39-26.114(a).) (Our Colorado State and Local Sales Tax Exemption Number 98-022381.) The Contractor is hereby notified that when materials are purchased in certain political sub-divisions (for example - City of Denver) the Contractor may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State. Article 31. PERMITS, LICENSES AND REGULATIONS Permits and licenses required for prosecution of the work shall be procured and paid for by the Contractor. Article 32. 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. Article 33. PROJECT PUBLICITY The Principle Representative 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 contact with these groups by the Contractor must be cleared through the Principle Representative. Article 34. TIME OF COMPLETION It is hereby understood and mutually agreed, by and between the parties hereto, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are Essential Conditions of the Contract; and it is further understood and agreed that the work embraced in this Contract shall be commenced in the time to be specified in the Notice to Proceed. It is further agreed that time is of the essence of each and, every portion of the Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension still shall be of the essence of the Contract. The Contractor agrees that work will be performed with due diligence in accordance with accepted engineering and construction practices to the end that the entire contract work shall be completed within the time specified in the Special Conditions after receipt of the Notice to Proceed. It is expressly understood and agreed, by and between the parties, that the stipulated performance time for completion of the work described is a reasonable time for completion of the work, taking into consideration all factors, including average climatic conditions and usual construction practices prevailing in the area. If the Contractor is responsible for a delay in progress of the work, the Contractor shall, without additional cost, work overtime and use 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 Article 40 LIQUIDATED DAMAGES of these General Conditions. DMG-10