_GENERAL DOCUMENTS - C1981017 (258)

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construction practices to the end that the entire contract work shall be completed within the time specified in the Special Conditions after receipt of the Notice to Proceed. It is expressly understood and agreed,by and between the parties,that the stipulated performance time for completion of the work described is a reasonable time for completion of the work, taking into consideration all factors,including average climatic conditions and usual construction practices prevailing in the area. If the Contractor is responsible for a delay in progress of the work, the Contractor shall, without additional cost, work overtime and use such additional equipment and manpower as may be necessary to complete the contract work by the stipulated date. Failure to comply will be grounds for termination of this Agreement as stipulated below or assessment of liquidated damages as stipulated under Article 40 LIQUIDATED DAMAGES of these General Conditions. Article 35. TEMPORARY SUSPENSION OF WORK The State,acting by and through the Principle Representative,shall have the authority to suspend the work,either wholly or in part,for such period or periods as he or they may deem necessary due to: (a) Unsuitable weather; (b) Faulty workmanship; (c) Improper superintendence (d) Contractor's failure to carry out orders or to perform any provision of the Contract Documents; (e) Conditions which may be considered unfavorable for the prosecution of the work. Additional time will be added to the performance time for the contract for(a)above only. If it should become necessary to stop work for an indefinite period,the Contractor shall store all materials in such manner that they will not become an obstruction or become damaged in any way;and he shall take every precaution to prevent damage to or deterioration of the work,provide suitable drainage and erect temporary structures where necessary. Such Suspend Work Order shall be in writing and the Contractor shall again proceed with the work when so notified in writing. Article 36. ESTIMATED QUANTITIES The Contractor understands and agrees that: (a) The quantities and measurements set forth in the Special Conditions are in no case exact and in some instances the exact quantities and measurements are impossible to determine until after conditions have become known during construction; (b) The quantities shown in the Special Conditions are for use as a basis for comparing bids only; (c) The Principle Representative does not expressly,or by implication,agree that the actual amount of work performed or material furnished or installed will correspond therewith; (d) During the progress of the work the Principle Representative may find it advisable and shall have the right to make changes in locations of portions of the work,to omit portions of the work and to increase or decrease the quantities,as may be deemed necessary or desirable; (e) Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits upon the work or any portion thereof covered by the Contract which is not actually performed; (f) Under no circumstances or conditions will the Contractor be paid more than the unit price bid for any item of the Bid because the actual quantity is greater or less than the quantity shown in the Bid or Bid Schedule,and (g) Measurements of any openings have been made in sufficient detail to establish general shapes and dimensions. The locations and dimensions of vertical and horizontal openings and depths of materials shown on the documents as waste material, soil and unconsolidated material and rock material are approximate measurements only and shall be verified by excavation. Article 37. DIFFERING SITE CONDITIONS (a) The Contractor shall promptly, and before such conditions are disturbed, notify the Principle Representative of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the Contract,or (2) unknown physical conditions at the site,of an unusual nature,differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. Colorado Division of Minerals and Geology GENERAL BID SPECIFICATIONS June 1, 2002 Page 8