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7. PLANS AND WORKING DRAWINGS 11. LABOR AND WAGES
<br /> The drawings if any, included with this contract are complete and Title 8-17-101,C.R.S.,as amended applies to this contract and states
<br /> adequate for construction. While every effort has been made to have that eighty percent of the laborers employed on each project must be
<br /> the plans and drawings free of errors and ambiguities,any such errors Colorado labor. "Colorado labor"means any person who is a resident
<br /> aor ambiguities must be brought to the Project Manager's attention of the State of Colorado at the time of employment, without
<br /> immediately. discrimination as to race,color,creed,sex,age or religion."
<br /> 8. CORRESPONDENCE FROM THE CONTRACTOR The rate of wages to be paid for all laborers and mechanics shall be
<br /> in accordance with the laws of Colorado. The Davis-Bacon Act does
<br /> All correspondence from the Contractor to the State shall be not apply.
<br /> submitted to:
<br /> The Contractor shall at all times enforce strict discipline and good
<br /> Colorado Division of Minerals and Geology order among his employees,and shall not employ on the work any
<br /> 1313 Sherman St.,Rm.215 unfit person or anyone not skilled in the work assigned to him.
<br /> Denver,Colorado 80203
<br /> (303)866-3567 12. EQUAL OPPORTUNITY
<br /> Fax (303)832-8106
<br /> The CONTRACTOR agrees to comply with the letter and spirit of the
<br /> 9. MATERIALS Colorado Antidiscrimination act of 1957, as amended, and the
<br /> applicable law respecting discrimination and unfair employment
<br /> Unless otherwise stipulated,the Contractor shall provide and pay for practices. (Reference 24-34-402, C.R.S. as amended and the
<br /> all materials, labor, water, tools, equipment, light, power, Governor's Executive Order of April 16, 1975 relating to equal
<br /> transportation and other facilities necessary for the execution and opportunity and affirmative action which are incorporated and made
<br /> completion of the work. a part hereof by references as if fully set forth herein.)
<br /> Unless otherwise specified, all materials shall be new and both 13. PRIME CONTRACTOR
<br /> workmanship and materials,shall be of good and uniform quality. The
<br /> Contractor shall,if required,furnish satisfactory evidence as to the If.several CONTRACTORS propose to join together to perform the
<br /> kind and quality of materials. work, the OWNER will recognize only. one bonded prime
<br /> CONTRACTOR,who will enter into a purchase order contract with the
<br /> 10. PREFERENCE OF BIDDERS AND MATERIALS OWNER,and who will subcontract the work to such others as are
<br /> required to perform the work,unless a"joint venture"arrangement
<br /> The selection of materials and equipment for the work shall be in between CONTRACTORS satisfactory to the OWNER has been
<br /> accordance with the laws of Colorado and the Buy American Act(41 executed. In this case, the joint venture" shall designate a
<br /> U.S.C.10)as follows: Superintendent with whom the OWNER can communicate and who
<br /> will supervise the work and be fully responsible for the performance
<br /> A resident bidder shall be allowed a preference against a thereof.
<br /> nonresident bidder from a state or foreign country equal to
<br /> the preference given or required by the state or foreign 14. SUBCONTRACTORS
<br /> country in which the nonresident bidder is a resident.(Title
<br /> 8-19-101 to 102,CRS,as amended)"(8-19-103 repealed, The CONTRACTOR shall not,without prior written approval of the
<br /> 1988) OWNER,enter into any subcontract covering any part of the work
<br /> covered by this contract. An approved verbal request to subcontract
<br /> The Buy American Act provides that the Government give shall be followed in writing with the name of the proposed
<br /> preference to domestic construction material. The subcontractor and a description of the work to be subcontracted.
<br /> Contractor agrees that only domestic construction material
<br /> will be used by the Contractor,subcontractors,materialmen If at any time the OWNER determines that any subcontractor is
<br /> and supplies in the performance of this agreement,except incompetent or undesirable, he shall notify the CONTRACTOR
<br /> for foreign construction material, if any, listed in this accordingly and the CONTRACTOR shall take immediate steps for
<br /> agreement. cancellation of the subcontract.
<br /> Components, used in this clause, means those articles, Nothing contained in the purchase order contract shall create any
<br /> materials, and supplies incorporated directly into contractual relationship between any subcontractor and the OWNER.
<br /> construction materials. Construction material,as used in Approval by the OWNER to any subcontract or any provisions thereof
<br /> this clause,means an article,material or supply brought to shall not be construed to be a determination of the acceptability of any
<br /> the construction site for incorporation into the building or subcontract price, or of any amount paid under subcontract or to
<br /> work. Construction material also includes an item brought relieve the CONTRACTOR of any responsibility for performing this
<br /> to the site pre-assembled from articles, materials or purchase order contract.
<br /> supplies.However,emergency life safety systems,such as
<br /> fire alarm systems,which are discrete systems incorporated Subcontracting by subcontractors shall be subject to the above
<br /> into a public building or work and which are produced as a requirements.
<br /> complete system,shall be evaluated as a single and distinct
<br /> construction material.regardless of when or how the 15. SUPERINTENDENCE OF THE WORK
<br /> individual parts or component of such systems are delivered
<br /> to the construction site. Domestic construction material,as
<br /> used in this clause means (a) an unmanufactured The CONTRACTOR shall keep a competent and reliable
<br /> constructed material mined or produced in the United superintendent on the job at all times that labor is being performed.
<br /> States,or(b)a construction material manufactured in the The superintendent,in the CONTRACTOR'S absence from the site,
<br /> United States, if the cost of its components mined shall stand in the stead of the CONTRACTOR and any authoritative
<br /> produced,or manufactured in the United States exceeds 50 directions given to the superintendent shall be as binding as if given
<br /> percent of the cost of all its components. Components of to the CONTRACTOR.
<br /> foreign origin of the same class or kind as the construction
<br /> materials determined by the Principle Representative or 16. WORK BY OTHERS
<br /> designee not to be mined,produced or manufactured in the
<br /> United States in sufficient and reasonably available The work site is located in a mining area and mining or other
<br /> commercial quantities of a satisfactory quality, shall be construction activities may be occurring at the same time as the work
<br /> treated as domestic. proposed under this contract. It shall be the CONTRACTOR'S
<br /> responsibility to coordinate his work with those of the landowners,
<br /> mining companies or other CONTRACTOR'S on the site.
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