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superintendent on the job at all times that labor is being performed.
<br /> The superintendent,in the CONTRACTOR'S absence from the site, The work site is located in a mining area and mining or other
<br /> shall stand in the stead of the CONTRACTOR and any authoritative construction activities may be occurring at the same time as the work
<br /> directions given to the superintendent shall be as binding as if given proposed under this contract. It shall be the CONTRACTOR'S
<br /> to the CONTRACTOR. responsibility to coordinate his work with those of the landowners,
<br /> 16. WORK BY OTHERS mining companies or other CONTRACTOR'S on the site.
<br /> The CONTRACTOR shall, without charge, permit the landowner,
<br /> mining companies,and such other CONTRACTORS to use the roads 23. ELECTRICAL POWER AND POTABLE AND
<br /> and other facilities constructed or improved by the CONTRACTOR CONSTRUCTION WATER
<br /> for the contract work; provided, that such usage shall in no way
<br /> interfere with the contract work of the CONTRACTOR. The CONTRACTOR shall be responsible for providing electrical
<br /> power and potable and construction water as needed to perform the
<br /> 17. ACCESS AND WORKING AREA contract work. If the CONTRACTOR desires to use power other than
<br /> portable generators,the CONTRACTOR'S plans for providing such
<br /> Access to the sites or to the vicinity of sites is by public roads and power will be subject to the OWNER'S prior approval. The cost for
<br /> private roads as shown on the drawings or as may be located in the providing power and water will not be paid for separately but shall be
<br /> field. Some sites may not have adequate access roads for included in the bid prices of the various work items.
<br /> CONTRACTOR'S methods or equipment and construction or
<br /> improvement of existing roads may be required. Access roads used 24, WORK PROGRESS
<br /> or constructed by the CONTRACTOR shall be maintained and
<br /> restored to pre-existing or better conditions. The CONTRACTOR agrees that work will be performed with due
<br /> diligence in accordance with good engineering and construction
<br /> The CONTRACTOR shall confine his access roads,equipment,the practices to the end that the entire contract work shall be completed
<br /> storage of materials and the operation of his workmen to the within the time specified in the Bid Solicitation memorandum. It is
<br /> immediate vicinity of the work sites and shall not unreasonably expressly understood and agreed, by and between the parties
<br /> encumber the premises with his materials and equipment. Caution hereto, that the stipulated project schedule, described is a
<br /> shall be exercised at all times to avoid blocking roads or in any other reasonable time for completion of the work,taking into consideration
<br /> way interfering with operations by others or presenting a hazard to all factors, including average climatic conditions prevailing in the
<br /> personnel,equipment,or to the public. area.
<br /> The CONTRACTOR shall provide such temporary barricades, For good and sufficient cause, such as(a)unsuitable weather, (b)
<br /> fences,or warning signs as may be necessary to make temporary or faulty workmanship, o improper superintendence, (d) the
<br /> permanent roads safe by night as well as by day. He shall at all CONTRACTOR'S failure to carry out any reasonable order or to
<br /> times have a sufficient number of watchmen,flagmen,and warning perform any provision of the purchase order and collateral
<br /> lights to protect traffic where it is interfered with by his operations, documents, or (e) any other circumstance unfavorable for
<br /> where his trucks enter or leave public roads,or where work is being prosecution of the work,the OWNER shall have the right to suspend
<br /> done adjacent to such roads. the CONTRACTOR'S performance of the work. Notice of such
<br /> suspension shall be in writing. The CONTRACTOR shall resume
<br /> 18. PERMITS,LICENSES AND REGULATIONS performance of the work promptly when so notified in writing. The
<br /> CONTRACTOR shall not be entitled to any cost or damages resulting
<br /> Permits and licenses required for prosecution of the work shall be from such suspension. There will be added to the time estimated for
<br /> procured and paid for by the CONTRACTOR. the project t work noted in the Special Conditions the number of
<br /> days, if any, that the CONTRACTOR is allowed for reasons of
<br /> 19. ROYALTIES AND PATENTS unusual, unsuitable weather as stipulated above. No extension of
<br /> time shall be allowed for reasons as stipulated in (b), (c), and (d)
<br /> The CONTRACTOR shall pay all royalties and license fees. He shall above.
<br /> defend all suits or claims for infringement of any patent rights and
<br /> shall save the State of Colorado harmless from loss on account If the CONTRACTOR is responsible for a delay in progress of the
<br /> thereof. work the CONTRACTOR shall,without additional cost,work overtime
<br /> and utilize such additional equipment and manpower as may be
<br /> 20. PROJECT PUBLICITY necessary to complete the contract work by the stipulated date.
<br /> Failure to comply will be grounds for termination of this Agreement
<br /> The OWNER will be sole provider of information about the project as stipulated below or assessment. of liquidated damages as
<br /> work to area residents, and special districts, county, state, and stipulated under the Liquidated Damages clause of these General
<br /> federal agencies,and individuals from the media. Any contract with Conditions.
<br /> these groups by the contractor must be cleared through the OWNER.
<br /> If the CONTRACTOR should fail to prosecute the work properly and
<br /> 21. HISTORICAL PRESERVATION diligently, or default performance of any provision of the purchase
<br /> order and its collateral documents, the OWNER after seven days
<br /> Areas adjacent to the mine sites often contain related artifacts and written notice to the CONTRACTOR and his surety may, without
<br /> structures, such as buildings,tipples,ore houses, headframes and prejudice to any other remedy the OWNER mat have,dismiss the
<br /> foundations that may be historically significant. Care shall be CONTRACTOR and complete the work,and may,deduct the cost of
<br /> exercised to avoid any disturbances to these structures and artifacts, so doing from any unpaid balance of the contract price due or to
<br /> in order to preserve their integrity. Existing structures shall not be become due the CONTRACTOR. If such cost of completion of the
<br /> used as load-bearing devices. 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 /> 22. UTILITIES OWNER shall have cause of action at law for the amount of such
<br /> Utilities,both underground and aboveground,may exist which could excess and all costs of prosecution of such action.
<br /> affect construction work covered under this contract. The 25. ESTIMATED QUANTITIES
<br /> CONTRACTOR is responsible for determining the nature and
<br /> locations of any and all utilities which could affect construction work The CONTRACTOR shall understand that the quantities and
<br /> covered under this contract. The horizontal and vertical locations of measurements set forth in the Special Conditions are in no case
<br /> utilities may vary. The CONTRACTOR is responsible for excavation exact and in some instances the exact quantities and measurements
<br /> and equipment movement without damage to utilities. The are impossible to determine until after conditions have become
<br /> CONTRACTOR assumes all responsibility for damages to any known during construction;that the quantities shown in the Special
<br /> utilities he causes under this contract. Conditions are for use as a basis for comparing bids only. The
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