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The CONTRACTOR shall, without charge, permit the landowner, included in the bid prices of the various work items.
<br /> mining companies,and such other CONTRACTORS to use the roads
<br /> and other facilities constructed or improved by the CONTRACTOR for 24, WORK PROGRESS
<br /> the contract work;provided,that such usage shall in no way interfere
<br /> with the contract work of the CONTRACTOR. The'CONTRACTOR agrees that work will be performed with due.
<br /> diligence in accordance with good engineering and construction
<br /> 17. ACCESS AND WORKING AREA practices to the end that the entire contract work shall be completed
<br /> within the time specified in the Bid Solicitation memorandum. It is
<br /> Access to the sites or to the vicinity of sites is by public roads and expressly understood and agreed,by and between the parties hereto,
<br /> private roads as shown on the drawings or as may be located in the that the stipulated project schedule,described is a reasonable time for
<br /> field. Some sites may not have adequate access roads for completion of the work,taking into consideration all factors,including
<br /> CONTRACTOR'S methods or equipment and construction or average climatic conditions prevailing in the area.
<br /> improvement of existing roads maybe required. Access roads used
<br /> or constructed by the CONTRACTOR shall be maintained and For good and sufficient cause,such as(a)unsuitable weather, (b)
<br /> restored to pre-existing or better conditions. faulty workmanship, © improper superintendence, (d) the
<br /> CONTRACTOR'S failure to carry out any reasonable order or to
<br /> The CONTRACTOR shall confine his access roads,equipment,the perform any provision of the purchase order and collateral documents,
<br /> storage of materials and the operation of his workmen to the or(e)any other circumstance unfavorable for prosecution of the work,
<br /> immediate vicinity of the work sites and shall not unreasonably the OWNER shall have the right to suspend the CONTRACTOR'S
<br /> encumber the premises with his materials and equipment. Caution performance of the work. Notice of such suspension shall be in
<br /> shall be exercised at all times to avoid.blocking roads or in any other writing. The CONTRACTOR shall resume performance of the work
<br /> way interfering with operations by others or presenting a hazard to promptly when so notified in writing. The CONTRACTOR shall not be
<br /> personnel,equipment,or to the public. 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 /> The CONTRACTOR shall provide such temporary barricades,fences, in the Special Conditions the number of days, if any, that the
<br /> or warning signs as may be necessary to make temporary or CONTRACTOR is allowed for reasons of unusual,unsuitable weather
<br /> permanent roads safe by night as well as by day. He shall at all times as stipulated above. No extension of time shall be allowed for
<br /> have a sufficient number of watchmen,flagmen,and warning lights reasons as stipulated in(b),(c),and(d)above.
<br /> to protect traffic where it is interfered with by his operations,where his
<br /> trucks enter or leave public roads, or where work is being done If the CONTRACTOR is responsible for a delay in progress of the
<br /> adjacent to such roads. work the CONTRACTOR shall,without additional cost,work overtime
<br /> and utilize such additional equipment and manpower as may be
<br /> 18. PERMITS,LICENSES AND REGULATIONS necessary to complete the contract work by the stipulated date.
<br /> Failure to comply will be grounds for termination of this Agreement as
<br /> Permits and licenses required for prosecution of the work shall be stipulated below or assessment of liquidated damages as stipulated
<br /> procured and paid for by the.CONTRACTOR. under the Liquidated Damages clause of these General Conditions.
<br /> 19. ROYALTIES AND PATENTS If the CONTRACTOR should fail to prosecute the work properly and
<br /> diligently,or default performance of any provision of the purchase
<br /> The CONTRACTOR shall pay all royalties and license fees. He shall order and its collateral documents, the OWNER after seven days
<br /> defend all suits or claims for infringement of any patent rights and written notice to the CONTRACTOR and his surety may, without
<br /> shall save the State of Colorado harmless from loss on account prejudice to any other remedy the OWNER mat have,dismiss the
<br /> thereof. CONTRACTOR and complete the work,and may deduct the cost of
<br /> so doing from any unpaid balance of the contract price due or to
<br /> 20. PROJECT PUBLICITY become due the CONTRACTOR. If such cost of completion of the
<br /> work is in excess of the unpaid balance of the contract price, the
<br /> The OWNER will be sole provider of information about the project CONTRACTOR shall reimburse the OWNER for such excess or the
<br /> work to area residents,and special districts,county,state,and federal OWNER shall have cause of action at law for the amount of such
<br /> agencies,and individuals from the media. Any contract with these excess and all costs of prosecution of such action.
<br /> groups by the contractor must be cleared through the OWNER.
<br /> 25. ESTIMATED QUANTITIES
<br /> 21. HISTORICAL PRESERVATION
<br /> The CONTRACTOR shall understand that the quantities and
<br /> Areas adjacent to the mine sites often contain related artifacts and measurements set forth in the Special Conditions are in no case
<br /> structures,such as buildings,tipples,ore houses, headframes and exact and in some instances the exact quantities and measurements
<br /> foundations that may be historically significant. Care shall be are impossible to determine until after conditions have become known
<br /> exercised to avoid any disturbances to these structures and artifacts, during construction; that the quantities shown in the Special
<br /> Conditions are for use as a basis for comparing bids only. The
<br /> in order to preserve their integrity. Existing structures shall not be
<br /> used as load-bearing devices. OWNER does not expressly,or by implication,agree that the actual
<br /> amount of work performed or material furnished or installed will
<br /> 22. UTILITIES correspond therewith and further,that during the progress of the work
<br /> the OWNER may find it advisable and shall have the right to make
<br /> Utilities,both underground and above-ground,may exist which could changes in locations of portions of the work,to omit portions of the
<br /> affect construction work covered under this contract. The work and to increase or decrease the quantities,as may be deemed
<br /> CONTRACTOR is responsible for determining the nature and necessary or desirable. Under no circumstances or conditions will the
<br /> locations of any and all utilities which could affect construction work CONTRACTOR be paid anything on account of anticipated profits
<br /> covered under this contract. The horizontal and vertical locations of upon the work or any portion thereof covered by the Contract which
<br /> utilities may vary. The CONTRACTOR is responsible for excavation is not actually performed;nor will the CONTRACTOR be paid more
<br /> and equipment movement without damage to utilities. The than the unit price bid for any item of the bid because the actual
<br /> CONTRACTOR assumes all responsibility for damages to any utilities quantity is greater or less than the quantity shown in the Invitation and
<br /> he causes under this contract. Bid Sheet.
<br /> 23. ELECTRICAL POWER AND POTABLE AND Measurements of any openings have been made in sufficient detail
<br /> CONSTRUCTION WATER to establish general shapes and dimensions. The locations and
<br /> dimensions of vertical and horizontal openings and depth of materials
<br /> The CONTRACTOR shall be responsible for providing electrical shown on the documents as waste material,soil and unconsolidated
<br /> power and potable and construction water as needed to perform the material and rock material are approximate measurements only and
<br /> contract work. If the CONTRACTOR desires to use power other than shall be verified by excavation.
<br /> portable generators,the CONTRACTOR'S plans for providing such The OWNER,without invalidating the purchase order contract,may
<br /> power will be subject to the OWNER'S prior approval. The cost for order extra work,or make any other reasonably related changed by
<br /> providing power and water will not be paid for separately but shall be
<br /> altering,adding to or deducting from the work;the contract price and
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