2008-11-17_GENERAL DOCUMENTS - C1981015 (2)

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The work site is located in a mining area and mining or other construction activities may be occurring at the same time as the work proposed under this contract. It shall be the CONTRACTOR'S responsibility to coordinate his work with those of the landowners, mining companies or other CONTRACTOR'S on the site. The CONTRACTOR shall, without charge, permit the landowner, mining companies, and such other CONTRACTORS to use the roads and other facilities constructed or improved by the CONTRACTOR for the contract work; provided, that such usage shall in no way interfere with the contract work of the CONTRACTOR. 17. ACCESS AND WORKING AREA Access to the sites or to the vicinity of sites is by public roads and private roads as shown on the drawings or as may be located in the field. Some sites may not have adequate access roads for CONTRACTOR'S methods or equipment and construction or improvement of existing roads may be required. Access roads used or constructed by the CONTRACTOR shall be maintained and restored to pre - existing or better conditions. The CONTRACTOR shall confine his access roads, equipment, the storage of materials and the operation of his workmen to the immediate vicinity of the work sites and shall not unreasonably encumber the premises with his materials and equipment. Caution shall be exercised at all times to avoid blocking roads or in any other way interfering with operations by others or presenting a hazard to personnel, equipment, or to the public. The CONTRACTOR shall provide such temporary barricades, fences, or warning signs as may be necessary to make temporary or permanent roads safe by night as well as by day. He shall at all times have a sufficient number of watchmen, flagmen, and warning lights to protect traffic where it is interfered with by his operations, where his trucks enter or leave public roads, or where work is being done adjacent to such roads. 18. PERMITS, LICENSES AND REGULATIONS Permits and licenses required for prosecution of the work shall be procured and paid for by the CONTRACTOR. 19. 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. 20. PROJECT PUBLICITY The OWNER 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 contract with these groups by the contractor must be cleared through the OWNER. 21. HISTORICAL PRESERVATION Areas adjacent to the mine sites often contain related artifacts and structures, such as buildings, tipples, ore houses, headframes and foundations that may be historically significant. Cane shall be exercised to avoid any disturbances to these structures and artifacts, in order to preserve their integrity. Existing structures shall not be used as load- bearing devices. 22. UTILITIES Utilities, both underground and above - ground, may exist which could affect construction work covered under this contract. The CONTRACTOR is responsible for determining the nature and locations of any and all utilities which could affect construction work covered under this contract. The horizontal and vertical locations of utilities may vary. The CONTRACTOR is responsible for excavation and equipment movement without damage to utilities. The CONTRACTOR assumes all responsibility for damages to any utilities he causes under this contract. 23. ELECTRICAL POWER AND POTABLE AND CONSTRUCTION WATER The CONTRACTOR shall be responsible for providing electrical power and potable and construction water as needed to perform the contract work. If the CONTRACTOR desires to use power other than portable generators, the CONTRACTOR'S plans for providing such power will be subject to the OWNER'S prior approval. The cost for providing power and water will not be paid for separately but shall be included in the bid prices of the various work items. 24, WORK PROGRESS The CONTRACTOR agrees that work will be performed with due diligence in accordance with good engineering and construction practices to the end that the entire contract work shall be completed within the time specified in the Bid Solicitation memorandum. It is expressly understood and agreed, by and between the parties hereto, that the stipulated project schedule, described is a reasonable time for completion of the work, taking into consideration all factors, including average climatic conditions prevailing in the area. For good and sufficient cause, such as (a) unsuitable weather, (b) faulty workmanship, (c) improper superintendence, (d) the CONTRACTOR'S failure to carry out any reasonable order or to perform any provision of the purchase order and collateral documents, or (e) any other circumstance unfavorable for prosecution of the work, the OWNER shall have the right to suspend the CONTRACTOR =S performance of the work. Notice of such suspension shall be in writing. The CONTRACTOR shall resume performance of the work promptly when so notified in writing. The CONTRACTOR shall not be entitled to any cost or damages resulting from such suspension. 15