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PLANS AND WORKING DRAWINGS
<br />The drawings if any, included with this contract are complete antl
<br />adequate for constr:ction. While every effort has been made to hawe
<br />he plans and drawings hee of errors and ambiguities, any such ertors
<br />aor amtiguitles must be brought to the Project Manager's attention
<br />immediaterr.
<br />8. CORRESPONDENCE FROM THE CONTRACTOR
<br />All cortespondence from Ute Contractor to the State shall be
<br />submiUed lo:
<br />Colorado Division of Minerals and Geology
<br />1373 Sherman St., Rm. 215
<br />Denver, Colorado 80203
<br />(303) 866-3567
<br />Fax (303) 832-8106
<br />9. MATERIALS
<br />Unless otherwise stipulated, the Conhactor shall provitle and pay for
<br />all materials, labor, water, tools, equipment, light, power,
<br />transportation antl other facilities necessary for the execution and
<br />completion of the work.
<br />Unless otherwise specified, all materials shall be new and both
<br />wodonanship and materials, shall be of good and uniform quality. The
<br />Contractor shall, if required, furnish satisfactory evidence as to me
<br />kind and quality of materials.
<br />10. PREFERENCE OF BIDDERS AND MATERIALS
<br />The selection of materials antl equipment for the work shall be in
<br />accordance with the laws of Colorado and the Buy American Act (41
<br />U.S.C. 10) as follows:
<br />A resident bitlder shall be allowed a preference against a
<br />nonresident bidder from a state or foreign country equal to
<br />me preference given or required by me state or foreign
<br />country in which me nonresident bidder is a resident. (Title
<br />(i19-101 to 102, CRS, as amended)"'(8-19.103 repealed,
<br />1988)
<br />The Buy American Act provides that me Government give
<br />preference to domestic construction material. The
<br />Contractor agrees mat only domestic constmcUOn material
<br />will be used byme Contractor, subcontractors, materialmen
<br />and supplies in me performance of mis agreement, except
<br />far foreign construction material, if any, listed in mis
<br />agreement.
<br />Components, used in mis Gause, means mose articles,
<br />materials, and supplies incorporated directly into
<br />construction materials. Construction material, as used in
<br />mis clause, means an article, material or supply brought to
<br />me construction site for incorporetion into me building or
<br />work. Construction matedal also includes an item brought
<br />to me site pre-assembletl from articles, materials or
<br />supplies. However, emergency life safety systems, such 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 evaluatetl as a single and distinct
<br />construction matedal regardless of when or how me
<br />individual parts or component of such systems are delivered
<br />to me construction site. Domestic construction material, as
<br />used in this clause means (a) an unmanu}actured
<br />constmcted matedal mined or produced in the Unitetl
<br />Slates, or (b) a construction matedal manufactured in the
<br />United States, if me cost of its components mined
<br />prcduced, or manufactured m the United States exceecs'_C
<br />percent of the cost of all its compenents. Components of
<br />foreign origin of the same class or kind as me construction
<br />materials tletertninetl by the Principle Representative or
<br />tlesignee not to be mined, producetl or manufactured in me
<br />United States in sufficient and reasonably available
<br />Commercial quantities of a satisfactory quality, Shall be
<br />treated as domestic.
<br />11. LABOR AND WAGES
<br />Title 8-17-107, C.R.S., as amended applies to this contract and states
<br />that eighty percent of the laborers emeloyetl on each protect must be
<br />Colcrado labor. "Colomdo labor m=_ans any person who is a resident
<br />of the State of Colo2do a[ the lime of employment, without
<br />disrdmmation as to race, color, creed, sex, age or religion.'
<br />The rate of wages to be paitl for all laborers and mechanics shall be
<br />in accordance with me laws of Colorado. The Davis-Bacon Act does
<br />not apply.
<br />The Contractor shall at all times enforce strict disapline and good
<br />order among his employees, antl shall not employ on me 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 the
<br />Colorado Antidiscrimination act of 1957, as amentled, and me
<br />applicable law respecting discrimination antl unfair employment
<br />practices. (Reference 24-34-402, C.R.S. as amended and the
<br />Governors Executive Order of April t6, 7975 relating to equal
<br />opporNnity and affirmative action which are incorporated and made
<br />a part hereof by references as it lolly set lonh herein.)
<br />13. PRIME CONTRACTOR
<br />If several CONTRACTORS propose to join together to pertortn the
<br />work, the OWNER will recognize only one bonded prime
<br />CONTRACTOR, who will enter into a purchase order contract with the
<br />OWNER, and who will subcontract the work to such others as are
<br />required to perform the work, unless a "joint venture" arrangement
<br />between CONTRACTORS satisfactory to the OWNER has been
<br />executed. In this case, the ~"joint venure" shall designate a
<br />Supedntendent with whom the OWNER wn communicate and who
<br />will supervise the work and be fully responsible forme performance
<br />mereoi.
<br />14. SUBCONTRACTORS
<br />The CONTRACTOR shall not, without prior wriden approval of me
<br />OYlNER, enter into any subcontract covering any part of me work
<br />covered by mis contract. An approved verbal request to subcontract
<br />shall be followed in writing with me name of me proposed
<br />subcomractor antl a description of me work to be subcontracted.
<br />If at any time me OWNER determines mat any subcontractor is
<br />incompetent or undesirable, he shall notify me CONTRACTOR
<br />accordingly and me CONTRACTOR shall take immediate steps for
<br />cancellation of me subcontract.
<br />Nothing contained in the purchase order contract shall create any
<br />contractual relationship between any subcontractor and me OWNER.
<br />Approval byme OWNER to any subcontract or any provisions mereof
<br />shall not be construed to be a determination 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 mis
<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 pertortned.
<br />The supedntendent, in the CONTRACTOR'S absence from me site,
<br />shall stand in me stead of the CONTRACTOR and any authodtative
<br />dtreeuons gwen to me super.nl_ndent shall he as binding as if given
<br />tome CONTRACTOR.
<br />16. WORK BY OTHERS
<br />The work site is located in a mining area and mining or omer
<br />construction activities maybe occurring at the same Ume as the work
<br />proposed under mis contract. It shall be me CONTRACTOR'S
<br />responsibility to coordinate his work with mose of the landowners,
<br />mining companies or omer CONTRACTOR'S on me site.
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