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performed. The superintendent, in the CONTRACTOR'S 21. HISTORICAL PRESERVATION
<br /> absence from the site, shall stand in the 'stead of the
<br /> CONTRACTOR and any authoritative directions given to the Areas adjacent to the mine sites often contain related artifacts
<br /> superintendent shall be as binding as if given to the and structures, such as buildings, tipples, ore houses,
<br /> CONTRACTOR. headframes and foundations, that may be historically
<br /> significant. Care shall be exercised to avoid any disturbances
<br /> 16. WORK BY OTHERS to these structures and artifacts, in order to preserve their
<br /> integrity. Existing structures shall not be used as load-bearing
<br /> The work site is located in a mining area and mining or other devices.
<br /> construction activities may be occurring at the,same time as
<br /> the work proposed under this contract. It shall be the 22. UTILITIES
<br /> CONTRACTOR'S responsibility to coordinate his work with
<br /> those of the landowners, mining companies or other Utilities,both underground and above-ground,may exist which
<br /> CONTRACTORS on the site. could affect construction work covered under this contract.
<br /> The CONTRACTOR is responsible for determining the nature
<br /> The CONTRACTOR shall, without charge, permit the and locations of any and all utilities which could affect
<br /> landowner,mining companies,and such other CONTRACTORS construction work covered under this contract. The horizontal
<br /> to use the roads and other facilities constructed or improved by and vertical locations of utilities may vary. The CONTRACTOR
<br /> the CONTRACTOR for the contract work;provided, that such is responsible for excavation and equipment movement without
<br /> usage shall in no way interfere with the contract work of the damage to utilities. The CONTRACTOR assumes all
<br /> CONTRACTOR. responsibility for damages to any utilities he causes under this
<br /> contract.
<br /> 17. ACCESS AND WORKING AREA
<br /> 23. ELECTRICAL POWER AND POTABLE AND
<br /> Access to the sites or to the vicinity of sites is by public roads CONSTRUCTION WATER
<br /> and private roads as shown on the drawings or as may be
<br /> located in the field. Some sites may not have adequate access The CONTRACTOR shall be responsible for providing electrical
<br /> roads for CONTRACTOR'S methods or equipment and power and potable and construction water as needed to
<br /> construction or improvement of existing roads may be required. perform the contract work. If the CONTRACTOR desires to use
<br /> Access roads used or constructed by the CONTRACTOR shall power other than portable generators, the CONTRACTOR'S
<br /> be maintained and restored to pre-existing or better conditions. plans for providing such power will be subject to the OWNER'S
<br /> prior approval. The cost for providing power and water will not
<br /> The CONTRACTOR shall confine his access roads,equipment, be paid for separately but shall be included in the bid prices of
<br /> the storage of materials and the operation of his workmen to the various work items.
<br /> the immediate vicinity of the work sites and shall not
<br /> unreasonably encumber the premises with his materials and 24. WORK PROGRESS
<br /> equipment. Caution shall be exercised at all times to avoid
<br /> blocking roads or in any other way interfering with operations The CONTRACTOR agrees that work will be performed with
<br /> by others or presenting a hazard to personnel,equipment,or to due diligence in accordance with good engineering and
<br /> the public. construction practices to the end that the entire contract work
<br /> shall be completed within the time specified in the Bid
<br /> The CONTRACTOR shall obtain all permits and/or permission Solicitation Memorandum. It is expressly understood and
<br /> required to use public and private roads. The CONTRACTOR agreed,by and between the parties hereto, that the stipulated
<br /> shall obey all laws and regulations affecting the,use of public project schedule described is a reasonable time for completion
<br /> thoroughfares. of the work, taking into consideration all factors, including
<br /> average climatic conditions prevailing in the area.
<br /> The CONTRACTOR shall provide•such temporary barricades,
<br /> fences, or warning signs as may be necessary to make For good and sufficient cause,such as(a)unsuitable weather,
<br /> rintendence, (d) the
<br /> temporary or permanent roads safe by night as well as by day. (b)faulty workmanship, (c)improper supe
<br /> He shall at all times have a sufficient number of watchmen, CONTRACTOR'S failure to carry out any reasonable order or to
<br /> flagmen, and warning lights to protect traffic where it is perform any provision of the purchase order and collateral
<br /> interfered with by his operations, where his trucks enter or documents, or (e) any other circumstance unfavorable for
<br /> leave public roads, or where work is being done adjacent to prosecution of the work, the OWNER shall have the right to
<br /> such roads. suspend the CONTRACTOR'S performance of the work. Notice
<br /> of such suspension shall be in writing. The CONTRACTOR
<br /> 18. PERMITS, LICENSES AND REGULATIONS shall resume performance of the work promptly when so
<br /> notified in writing. The CONTRACTOR shall not be entitled to
<br /> Permits and licenses required for prosecution of the work shall any cost or damages resulting from such suspension. There
<br /> be procured and paid for by the CONTRACTOR. will be added to the time estimated for the project work noted
<br /> in the Special Conditions the number of days, if any, that the
<br /> 19. ROYALTIES AND PATENTS CONTRACTOR is allowed for reasons of unusual, unsuitable
<br /> weather as stipulated above. No extension of time shall be
<br /> The CONTRACTOR shall pay all royalties and license fees. He allowed for reasons as stipulated in(b), (c), and (d)above.
<br /> shall defend all suits or claims for infringement of any patent
<br /> rights and shall save the State of Colorado harmless from loss If the CONTRACTOR is responsible for a delay in progress of
<br /> on account thereof. the work, the CONTRACTOR shall, without additional cost,
<br /> work overtime and utilize such additional equipment and
<br /> 20. PROJECT PUBLICITY manpower as may be necessary to complete the contract work
<br /> by the stipulated date. Failure to comply will be grounds for
<br /> The OWNER will be sole provider of information about the termination of this Agreement as stipulated below or
<br /> project work to area residents, and special districts, county, assessment of liquidated damages as stipulated under the
<br /> state, and federal agencies, and individuals from the media. Liquidated Damages clause of these General Conditions.
<br /> Any contact with these groups by the CONTRACTOR must be
<br /> cleared through the OWNER. If the CONTRACTOR should fail to prosecute the work properly
<br /> and diligently, or default performance of any provision of the
<br /> Colorado Division of Minerals&Geology GENERAL CONDITIONS FOR PURCHASE ORDERS
<br /> August 21, 1996 Page 3
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