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