1999-03-19_GENERAL DOCUMENTS - C1981017

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purchase order and its collateral documents, the OWNER after to the Contractor. Pending the decision of the Principle seven days written notice to the CONTRACTOR and his surety Representative,the Contractor shall proceed diligently with the may, without prejudice to any other remedy the OWNER may performance of this purchase order contract. have, dismiss the CONTRACTOR and complete the work, and may deduct the cost of so doing from any unpaid balance of 28. CLEANUP the contract price due or to become due the CONTRACTOR. If such cost of completion of the work is in excess of the The CONTRACTOR shall at all times keep the construction area unpaid balance of the contract.price, the CONTRACTOR shall free from accumulations of waste material or rubbish resulting reimburse the OWNER for such excess or the OWNER shall from his work. Upon completion of the work, the have cause of action at law for the amount of such excess and CONTRACTOR shall remove from the vicinity of the work and all costs of prosecution of such action. haul all rubbish, trash, garbage, and debris to a county- approved disposal site. Additionally, the CONTRACTOR shall 25. ESTIMATED QUANTF IES remove from the vicinity all unused materials, and the like, belonging to the CONTRACTOR or used under the The CONTRACTOR shall understand that the quantities and CONTRACTOR'S direction during construction. measurements set forth in the Special Conditions are in no case exact and in some instances the exact quantities and Cleanup is subject to the approval of the PROJECT MANAGER. measurements are impossible to determine until after conditions have become known during construction; that the quantities 29. ACCESS TO DOCUMENTS shown in the Special Conditions are for use as a basis for comparing bids only. The OWNER does not expressly, or by The Contractor shall grant access to the State, the Office of implication,agree that the actual amount of work performed or Surface Mining Reclamation and Enforcement,the Comptroller material furnished or installed will correspond therewith and General of the United States, or any of their duly authorized further, that during the progress of the work the OWNER may representatives to any books.documents, papers and records find it advisable and shall have the right to make changes in of the Contractor which are directly pertinent to this contract locations of portions of the work,to omit portions of the work for the purpose of audit, examination, excerpts and and to increase or decrease the quantities, as may be deemed transcriptions. All required records shall be retained for three necessary or desirable. Under no circumstances or conditions years after final settlement and all other matters are closed. will the CONTRACTOR be paid anything on account of anticipated profits upon the work or any portion thereof 30. GENERAL covered by the Contract which is not actually performed; nor will the CONTRACTOR be paid more than the unit price bid for (1) The laws of the State of Colorado and rules and any item of the Bid because the actual quantity is greater or regulations issued pursuant thereto shall be applied in the less than the quantity shown in the Invitation and Bid Sheet. interpretation, execution and enforcement of this contract. Any provision of this contract whether or not Measurements of any openings have been made in sufficient incorporated herein by reference which provides for detail to establish general shapes and dimensions. The arbitration by any extra-judicial body or person or which locations and dimensions of vertical and horizontal openings is otherwise in conflict with said laws, rules and and depths of materials shown on the documents as waste regulations shall be considered null and void. Nothing material,soil and unconsolidated material and rock material are contained in any provision incorporated herein by approximate measurements only and shall be verified by reference which purports to negate this or any other excavation. special provision in whole or in part shall be valid or the purchase order contract, w forceable or available in any action at law whether by The OWNER,without invalidating p ay of complaint, defense or otherwise. Any provision may order extra work, or make any other reasonably related rendered null and void by the operation of this provision changes by altering adding to or deducting from the work;the will not invalidate the remainder of this contract to the contract price and time for completion of the work will be extent that the contract is capable of execution. adjusted accordingly by mutual agreement.C.R.S.24105-301 through 24-106-101, as amended are incorporated and made (2) The signatories hereto aver that they are familiar with a part herein by reference as if fully set forth herein. 18-8-301 of seq. (Bribery and corrupt influences) and 18-8-401, at seq. (abuse of Public Office), C.R.S., as If the OWNER deems inexpedient the correction of damaged amended and that no violation of such provisions is work or of work not performed in accordance with the present. contract, equitable reduction of contract price shall be made. (3) The signatories aver that to their knowledge, no state 26. DEDUCTION OF UNCORRECTED WORK employee has any personal or beneficial interest whatsoever in the service of property described herein. If the OWNER deems inexpedient the correction of damaged work or of work not performed in accordance with the contract,equitable reduction of eh 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 Colorado Division of Minerals&Geology GENERAL CONDITIONS FOR PURCHASE ORDERS August 21, 1996 Page 4