2009-08-13_GENERAL DOCUMENTS - C1981015

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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. There will be added to the time estimated for the project t work noted in the Special Conditions the number of days, if any, that the CONTRACTOR is allowed for reasons of unusual, unsuitable weather as stipulated above. No extension of time shall be allowed for reasons as stipulated in (b), (c), and (d) above. If the CONTRACTOR is responsible for a delay in progress of the work the CONTRACTOR shall, without additional cost, work overtime and utilize 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 the Liquidated Damages clause of these General Conditions. If the CONTRACTOR should fail to prosecute the work properly and diligently, or default performance of any provision of the purchase order and its collateral documents, the OWNER after seven days written notice to the CONTRACTOR and his surety may, without prejudice to any other remedy the OWNER mat have, dismiss the CONTRACTOR and complete the work, and may deduct the cost of so doing from any unpaid balance of the contract price due or to become due the CONTRACTOR. If such cost of completion of the work is in excess of the unpaid balance of the contract price, the CONTRACTOR shall reimburse the OWNER for such excess or the OWNER shall have cause of action at law for the amount of such excess and all costs of prosecution of such action. 25. ESTIMATED QUANTITIES The CONTRACTOR shall understand that the quantities and measurements set forth in the Special Conditions are in no case exact and in some instances the exact quantities and measurements are impossible to determine until after conditions have become known during construction; that the quantities shown in the Special Conditions are for use as a basis for comparing bids only. The OWNER does not expressly, or by implication, agree that the actual amount of work performed or material furnished or installed will correspond therewith and further, that during the progress of the work the OWNER may find it advisable and shall have the right to make changes in locations of portions of the work, to omit portions of the work and to increase or decrease the quantities, as may be deemed necessary or desirable. Under no circumstances or conditions will the CONTRACTOR be paid anything on account of anticipated profits upon the work or any portion thereof covered by the Contract which is not actually performed; nor will the CONTRACTOR be paid more than the unit price bid for any item of the bid because the actual quantity is greater or less than the quantity shown in the Invitation and Bid Sheet. Measurements of any openings have been made in sufficient detail to establish general shapes and dimensions. The locations and dimensions of vertical and horizontal openings and depth of materials shown on the documents as waste material, soil and unconsolidated material and rock material are approximate measurements only and shall be verified by excavation. The OWNER, without invalidating the purchase order contract, may order extra work, or make any other reasonably related changed by altering, adding to or deducting from the work; the contract price and time for completion of the work will be adjusted accordingly by mutual agreement. C.R.S. 24- 105 -301 through 24- 106 -101, as amended are incorporated and made a part herein by reference as if fully set forth herein. If the OWNER deems inexpedient the correction of damaged work or of work not performed in accordance with the contract, equitable reduction of contract price shall be made. 26. DEDUCTION OF UNCORRECTED WORK If the OWNER deems inexpedient the correction of damaged work or of work not performed in accordance with the contract, equitable reduction of the contract price shall be made therefore. 27. CLAIMS Any claim by the Contractor arising by virtue of this purchase order contract which is not disposed of by agreement shall be submitted in writing, together with any written and oral evidence in support thereof, to the Principle Representative for decision. Before making a decision the Principle Representative shall notify the Contractor that any additional written and /or oral evidence in support of the claim may be presented to the Principle Representative and such evidence must be supplied within such time as may be granted by the Principle Representative. The Principle Representative shall make his decision in writing and mail or otherwise furnish a signed copy to the Contractor. Pending the decision of the Principle Representative, the Contractor shall proceed diligently with the performance of this purchase order contract. 28. CLEANUP The CONTRACTOR shall at all times keep the construction area free from accumulations of waste material or rubbish resulting from his work. Upon completion of the work, the CONTRACTOR shall remove from the vicinity of the work and haul all rubbish, trash, garbage, and debris to a county - approved disposal site. Additionally, the CONTRACTOR shall remove from the vicinity all unused materials, and the like, belonging to the CONTRACTOR or used under the CONTRACTOR'S direction during construction. Cleanup is subject to the approval of the PROJECT MANAGER. 29. ACCESS TO DOCUMENTS As of 01/08/09