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