PLANS AND WORKING DRAWINGS
<br />The drawings if any, included with this contract are complete antl
<br />adequatefor construction. While every etton has Deen made to have
<br />the plans and drawings free of ertors and ambiguities, arty such ertors
<br />aor ambiguities must be brought to the Project Managers attention
<br />immediately.
<br />8. CORRESPONDENCE FROM THE CONTRACTOR
<br />All cortespondence from the Contractor to the State shall be
<br />submitted to:
<br />Colorado Division of Minerals antl Geology
<br />1313 Sherman SL, Rm. 215
<br />Denver, Colorado 80203
<br />(303) 866-3567
<br />Fax (303) 832-8106
<br />9. MATERIALS
<br />Unless otherwise stipulateq the Contractor shall provide and pay for
<br />all materials, labor, water, tools, equipment, light, power,
<br />trnnsportation and other facilities necessary for the execution and
<br />completion of the work.
<br />Unless otherwise specified, all materials shall be new and both
<br />workmanship and materials, shall be of good and unrforn quality. The
<br />Contactor shall, if required, furnish satisfactory evidence as to the
<br />kintl and quality of matedats.
<br />70. PREFERENCEOF BIDDERS AND MATERIALS
<br />The selection of materials and equipment for the work shall be in
<br />accordance wim the laws of Coloado and the Buy American Act (41
<br />U.S.C. 10) as follows:
<br />A resident bidtler shall be allowed a preference against a
<br />nonresident bidder from a slate or foreign country equal to
<br />the preference given or required by the state or foreign
<br />country in which the nonresident bidder is a resident. (Tile
<br />&19-101 to 702, CRS, as amended)^(8-19-103 repealed,
<br />1988)
<br />The Buy American Act provides that the Government give
<br />preference to domestic construction material. The
<br />Contractor agrees that only domestic construction material
<br />will be used by the Contractor, wbcontractors, materialmen
<br />and supplies in the pertornance of this agreement, except
<br />for foreign construction material, if any, listed in mis
<br />agreement.
<br />Components, used in mis dause, means those-articles.
<br />materials, and supplies incorporated directly into
<br />construction materials. Consbuc6on material, as usetl in
<br />mis Gause, means an article, material or suppty brought to
<br />me construction site for inrnrporation into me building or
<br />work. Construction material also includes an item brought
<br />to me site pre-assembled from articles, materials or
<br />wpplies. However, emergency Gfe safety systems, wch as
<br />fire alarm systems, which are discrete systems incorporated
<br />into a public building or work and which are produced as a
<br />complete system, shall be evaluated as a single and distinct
<br />construction material regardless of when or how me
<br />individual parts or component of wch systems are delivered
<br />tome consmxriion site. Domestic construction material, as
<br />used in mis dause means (a) an unmanufactured
<br />constructetl material mined or produced in me Unitetl
<br />States, or (b) a constmcton material manufactured in me
<br />United States, if me cost of its components mined
<br />produced, or manufactured in me United States exceeds 50
<br />percent of me cost of all ifs components. Components of
<br />foreign origin of me same Gass or kind as me construction
<br />materials determinetl Dy me Principle Representative or
<br />designee not to be mined, produced or manufactured in me
<br />Unitetl States in suificieM and reasonably available
<br />commercial quantities of a satisfactory quality, shall be
<br />treated as domestic.
<br />11. LABOR AND WAGES
<br />Title 8-77.101, C.R.S., as amended applies to this contract and states
<br />that eighty peroent of the laborers employed on each projeG must be
<br />Coorado labor. "Colorntlo labof means any person who is a resident
<br />of the State of Colorndo at me time of employment, without
<br />discrimination as to 2ce, color, creed, sex, age or religion'
<br />The rete of wages to be paid for all laborers and mechanics shall be
<br />in axordance with the laws of Colorado. The Davis-bacon AG does
<br />not apply.
<br />The Contactor shall at all times enforce strict discipline antl good
<br />order among his employees, and shall riot employ on the work any
<br />unfit person or anyone not skilled in the work assigned to him.
<br />12. EQUAL OPPORTUNfTY
<br />The CONTRACTOR agrees to comply with the letter and spirit of me
<br />Colorado Antidiscrimination ad of 1957, as amended, and the
<br />applicable law respecting tliscnmination and unfair employment
<br />practices. (Reference 24-34-402, C.R.S. as amended and the
<br />Gover7ors Executive Order of April 16, 1975 relating to equal
<br />opportunity and affirmative action which are incorporated and made
<br />a part hereof by references as if fully set forth herein.)
<br />13. PRIME CONTRACTOR
<br />If several CONTRACTORS propose to join together to pertorm me
<br />work, me OWNER will recognize only. one bonded prime
<br />CONTRACTOR, who will enter into a purchase order contrct with me
<br />OWNER, and who will subcontract the work to such omers as are
<br />required to perform the work, unless a "joint venture" arrangement
<br />between CONTRACTORS satisfactory to the OWNER has been
<br />executetl. In mis wse, me `joint venture" shall designate a
<br />Superimentlent with whom the OWNER can communicate antl who
<br />will supervise the work and be fully responsible for the pertornance
<br />mereof.
<br />74. SUBCONTRACTORS
<br />The CONTRACTOR shall not. without poor written approval of the
<br />OWNER, enter into any subcoMrnct covering any pan of the work
<br />covered by this conlreG. An approved verbal request to subcontract
<br />shall be followed in writing with the name of me proposed
<br />subcon[rector and a tlescription of the work to be wbcontrected.
<br />If at any time the OWNER determines that any subcontractor is
<br />incompetent or undesirable, he shall notify the CONTRACTOR
<br />accordingly and me CONTRACTOR shall take immediate steps for
<br />cancellation of me wbcontrnct.
<br />Noming containetl in the purchase order contract shall create any
<br />comracWal relationship between any subcontractor and me OWNER.
<br />Approval by me OW NER to any wbcontract or any provisions mereof
<br />shall not be construed to De a deternination of me acceptability of any
<br />subcontract price, or of any amount paid under subcontract or to
<br />relieve me CONTRACTOR of any responsibility for pertortning this
<br />purchase order contract
<br />Subcontracting by subcontractors shall be subject to me above
<br />requirements.
<br />15. SUPERINTENDENCE OF THE WORK
<br />The CONTRACTOR shall keep a competent and reliable
<br />superintendent on me job at all times mat labor is being pertorned.
<br />The superintendent, in the CONTRACTOR'S absence from me site,
<br />shall stand in me stead of me CONTRACTOR and any aumoritative
<br />directions given tome superintendent shall be as binding as if given
<br />to the CONTRACTOR.
<br />16. WORK BY OTHERS
<br />The work site is located in a mining area and mining or omer
<br />construction actlvities may be ocarrring at me same time as the work
<br />proposetl under mis contract. It shall be me CONTRACTOR'S
<br />responsibility to coordinate his work wim mose of me lantlowners.
<br />mining companies or omer CONTRACTOR'S on me she.
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