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10. PREFERENCE OF BIDDERS AND MATERIALS
<br />The selection of materials and equipment for the work shall be in accordance with the laws of Colorado and the Buy
<br />American Act (41 U.S.C. 10) as follows:
<br />A resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the
<br />preference given or required by the state or foreign country in which the nonresident bidder is a resident. (Title 8 -19 -101
<br />to 102, CRS, as amended) * *(8 -19 -103 repealed, 1988)
<br />The Buy American Act provides that the Government give preference to domestic construction material. The Contractor
<br />agrees that only domestic construction material will be used by the Contractor, subcontractors, materialmen and supplies
<br />in the performance of this agreement, except for foreign construction material, if any, listed in this agreement.
<br />Components, used in this clause, means those articles, materials, and supplies incorporated directly into construction
<br />materials. Construction material, as used in this clause, means an article, material or supply brought to the construction
<br />site for incorporation into the building or work. Construction material also includes an item brought to the site pre -
<br />assembled from articles, materials or supplies. However, emergency life safety systems, such as fire alarm systems,
<br />which are discrete systems incorporated into a public building or work and which are produced as a complete system,
<br />shall be evaluated as a single and distinct construction material regardless of when or how the individual parts or
<br />component of such systems are delivered to the construction site. Domestic construction material, as used in this clause
<br />means (a) an unmanufactured constructed material mined or produced in the United States, or (b) a construction material
<br />manufactured in the United States, if the cost of its components mined produced, or manufactured in the United States
<br />exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the
<br />construction materials determined by the Principle Representative or designee not to be mined, produced or
<br />manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality,
<br />shall be treated as domestic.
<br />11. LABOR AND WAGES
<br />Title 8 -17 -101, C.R.S., as amended applies to this contract and states that eighty percent of the laborers employed on
<br />each project must be Colorado labor. Colorado labor means any person who is a resident of the State of Colorado at the
<br />time of employment, without discrimination as to race, color, creed, sex, age or religion.
<br />The rate of wages to be paid for all laborers and mechanics shall be in accordance with the laws of Colorado. The Davis -
<br />Bacon Act does not apply.
<br />The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on
<br />the work any unfit person or anyone not skilled in the work assigned to him.
<br />12. EQUAL OPPORTUNITY
<br />The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination act of 1957, as
<br />amended, and the applicable law respecting discrimination and unfair employment practices. (Reference 24 -34 -402,
<br />C.R.S. as amended and the Governor's Executive Order of April 16, 1975 relating to equal opportunity and affirmative
<br />action which are incorporated and made a part hereof by references as if fully set forth herein.)
<br />13. PRIME CONTRACTOR
<br />If several CONTRACTORS propose to join together to perform the work, the OWNER will recognize only one bonded
<br />prime CONTRACTOR, who will enter into a purchase order contract with the OWNER, and who will subcontract the work
<br />to such others as are required to perform the work, unless a pjoint venture arrangement between CONTRACTORS
<br />satisfactory to the OWNER has been executed. In this case, the joint venture shall designate a Superintendent with
<br />whom the OWNER can communicate and who will supervise the work and be fully responsible for the performance
<br />thereof.
<br />14. SUBCONTRACTORS
<br />The CONTRACTOR shall not, without prior written approval of the OWNER, enter into any subcontract covering any part
<br />of the work covered by this contract. An approved verbal request to subcontract shall be followed in writing with the
<br />name of the proposed subcontractor and a description of the work to be subcontracted.
<br />If at any time the OWNER determines that any subcontractor is incompetent or undesirable, he shall notify the
<br />CONTRACTOR accordingly and the CONTRACTOR shall take immediate steps for cancellation of the subcontract.
<br />Nothing contained in the purchase order contract shall create any contractual relationship between any subcontractor and
<br />the OWNER. Approval by the OWNER to any subcontract or any provisions thereof shall not be construed to be a
<br />determination of the acceptability of any subcontract price, or of any amount paid under subcontract or to relieve the
<br />CONTRACTOR of any responsibility for performing this purchase order contract.
<br />Subcontracting by subcontractors shall be subject to the above requirements.
<br />15. SUPERINTENDENCE OF THE WORK
<br />The CONTRACTOR shall keep a competent and reliable superintendent on the job at all times that labor is being
<br />performed. The superintendent, in the CONTRACTORrIS absence from the site, shall stand in the stead of the
<br />As of 01/08/09
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