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The CONTRACTOR shall be responsible for providing subject to the OWNER'S prior approval. The cost for providing
<br /> electrical power and potable and construction water as needed power and water will not be paid for separately but shall be
<br /> to perform the contract work. If the CONTRACTOR desires to included in the bid prices of the various work items.
<br /> use power other than portable generators, the
<br /> CONTRACTOR'S plans for providing such power will be
<br /> 24, WORK PROGRESS the work the OWNER may find it advisable and shall have the
<br /> right to make changes in locations of portions of the work,to
<br /> The CONTRACTOR agrees that work will be performed with omit portions of the work and to increase or decrease the
<br /> due diligence in accordance with good engineering and quantities, as may be deemed necessary or desirable. Under
<br /> construction practices to the end that the entire contract work no circumstances or conditions will the CONTRACTOR be paid
<br /> shall be completed within the time specified in the Bid anything on account of anticipated profits upon the work or any
<br /> Solicitation memorandum. It is expressly understood and portion thereof covered by the Contract which is not actually
<br /> agreed, by and between the parties hereto,that the stipulated performed;nor will the CONTRACTOR be paid more than the
<br /> project schedule,described is a reasonable time for completion unit price bid for any Rem of the bid because the actual quantity
<br /> of the work, taking into consideration all factors, including is greater or less than the quantity shown in the Invitation and
<br /> average climatic conditions prevailing in the area. Bid Sheet.
<br /> For good and sufficient cause,such as(a)unsuitable weather, Measurements of any openings have been made in sufficient
<br /> (b)faulty workmanship, ® improper superintendence, (d)the detail to establish general shapes and dimensions. The
<br /> CONTRACTOR'S failure to carry out any reasonable order or locations and dimensions of vertical and horizontal openings
<br /> to perform any provision of the purchase order and collateral and depth of materials shown on the documents as waste
<br /> documents, or (e) any other circumstance unfavorable for material,soil and unconsolidated material and rock material are
<br /> prosecution of the work, the OWNER shall have the right to approximate measurements only and shall be verged by
<br /> suspend the CONTRACTOR'S performance of the work. excavation.
<br /> Notice of such suspension shall be in writing. The
<br /> CONTRACTOR shall resume performance of the work The OWNER,without invalidating the purchase order contract,
<br /> promptly when so notified in writing. The CONTRACTOR shall may order extra work, or make any other reasonably related
<br /> not be entitled to any cost or damages resulting from such changed by altering, adding to or deducting from the work;the
<br /> suspension. There will be added to the time estimated for the contract price and time for completion of the work will be
<br /> project t work noted in the Special Conditions the number of adjusted accordingly by mutual agreement. C.R.S. 24-105-
<br /> days, if any,that the CONTRACTOR is allowed for reasons of 301 through 24-106-101, as amended are incorporated and
<br /> unusual, unsuitable weather as stipulated above. No extension made a part herein by reference as if fully set forth herein.
<br /> of time shall be allowed for reasons as stipulated in(b),(c),and
<br /> (d)above. If the OWNER deems inexpedient the correction of damaged
<br /> work or of work not performed in accordance with the contract,
<br /> If the CONTRACTOR is responsible for a delay in progress of equitable reduction of contract price shall be made.
<br /> the work the CONTRACTOR shall, without additional cost,
<br /> work overtime and utilize such additional equipment and 26. DEDUCTION OF UNCORRECTED WORK
<br /> manpower as may be necessary to complete the contract work
<br /> by the stipulated date. Failure to comply will be grounds for If the OWNER deems inexpedient the correction of damaged
<br /> termination of this Agreement as stipulated below or work or of work not performed in accordance with the contract,
<br /> assessment of liquidated damages as stipulated under the equitable reduction of the contract price shall be made
<br /> Liquidated Damages clause of these General Conditions. therefore.
<br /> If the CONTRACTOR should fail to prosecute the work 27. CLAIMS
<br /> properly and diligently,or default performance of any provision
<br /> of the purchase order and its collateral documents, the Any claim by the Contractor arising by virtue of this purchase
<br /> OWNER after seven days written notice to the CONTRACTOR order contract which is not disposed of by agreement shall be
<br /> and his surety may,without prejudice to any other remedy the submitted in writing,together with any written and oral evidence
<br /> OWNER mat have,dismiss the CONTRACTOR and complete in support thereof, to the Principle Representative for decision.
<br /> the work,and may deduct the cost of so doing from any unpaid Before making a decision the Principle Representative shall
<br /> balance of the contract price due or to become due the notify the Contractor that any additional written and/or oral
<br /> CONTRACTOR. If such cost of completion of the work is in evidence in support of the claim may be presented to the
<br /> excess of the unpaid balance of the contract price, the Principle Representative and such evidence must be supplied
<br /> CONTRACTOR shall reimburse the OWNER for such excess within such time as may be granted by the Principle
<br /> or the OWNER shall have cause of action at law for the Representative. The Principle Representative shall make his
<br /> amount of such excess and all costs of prosecution of such decision in writing and mail or otherwise furnish a signed copy
<br /> action. to the Contractor. Pending the decision of the Principle
<br /> Representative,the Contractor shall proceed diligently with the
<br /> 25. ESTIMATED QUANTITIES performance of this purchase order contract.
<br /> The CONTRACTOR shall understand that the quantities and 28. CLEANUP
<br /> measurements set forth in the Special Conditions are in no
<br /> case exact and in some instances the exact quantities and The CONTRACTOR shall at all times keep the construction
<br /> measurements are impossible to determine until after area free from accumulations of waste material or rubbish
<br /> conditions have become known during construction; that the resulting from his work. Upon completion of the work, the
<br /> quantities shown in the Special Conditions are for use as a CONTRACTOR shall remove from the vicinity of the work and
<br /> basis for comparing bids only. The OWNER does not haul all rubbish, trash, garbage, and debris to a county-
<br /> expressly, or by implication, agree that the actual amount of approved disposal site. Additionally,the CONTRACTOR shall
<br /> work performed or material furnished or installed will remove from the vicinity all unused materials, and the like,
<br /> correspond therewith and further,that during the progress of belonging to the CONTRACTOR or used under the
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