_GENERAL DOCUMENTS - C1981017 (206)

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The Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the Contractor nor any agent or employee oft he Contractor shall be or shall be deemed to be an agent or employee of the State. Contractor shall pay when due all required employment taxes and income tax withholding,shall provide and keep in force worker's compensations (and show proof of such insurance) and unemployment compensation insurance int he amounts required by law and shall be solely responsible for the acts of the Contractor its employees and agents. Article 20. SUPERINTENDENCE OF THE WORK The Contractor shall keep a competent and reliable superintendent on the job at all times that labor is being performed. The superintendent, in the Contractor's absence from the site, shall stand in the stead of the Contractor and any authoritative directions given to the superintendent shall be as binding as if given to the Contractor. The Contractor shall give efficient supervision to the work, using his best skill and attention. He shall carefully study and compare all Drawings, Specifications and other instructions and shall at once report to the Principle Representative any error, inconsistency or omission which he may discover, but he shall not be liable to the Principle Representative for any damage resulting from any errors or deficiencies in the Contract Documents or other instructions by the Principle Representative. The Contractor shall see that the work is carried out in accordance with the Contract Documents and in a thorough and first-class manner in every respect. The Contractor shall establish all lines, levels, grades, and marks necessary to facilitate the operations of all concerned in such Contractor's work. He shall lay out the work in a manner satisfactory the Principle Representative. Article 21. SUBCONTRACTORS The Contractor shall submit to the Principle Representative, a complete list of subcontractors for the project, including the name of the proposed subcontractor and a description of the work to be subcontracted.The Contractor shall not, without prior written approval of the Principle Representative, enter into any subcontract covering any part of the work covered by this contract. If at any time the Principle Representative determines that any subcontractor is incompetent or undesirable, he shall notify the Contractor accordingly in writing and the Contractor shall take immediate steps for cancellation of the subcontract. Article 22. RELATIONS OF CONTRACTOR AND SUBCONTRACTOR The Contractor agrees to bind each subcontractor to the terms of these General Conditions and to the requirements of the drawings and specifications, and any amendments or change orders, and also all the other Contract Documents, so far a$applicable to the work of such subcontractor, unless specially noted to the contrary. Nothing contained in the contract shall create any contractual relationship between any subcontractor and the Principle Representative. Approval by the Principle Representative to any subcontract or any Provisions thereof shall not be construed to be a determination of the acceptability of any subcontract price, or of any amount paid under subcontract or to relieve the Contractor of any responsibility for performing all work covered by this contract. The Contractor shall be fully responsible to the Principal Representative for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them. All instructions or orders in respect to work being done by subcontractors shall be given to the Contractor. Subcontracting by subcontractors shall be subject to the above requirements. Colorado Division of Minerals & Geology GENERAL BID SPECIFICATIONS 1996 Page 8