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PLANS AND WORKING DRAWINGS
<br />The drawings if any, included with this contract are complete and
<br />adequate for construction. While every effort has been made to have
<br />the plans and drawings free of errors and ambiguities, any such errors
<br />aor ambiguities must be brought to the Project Manager's attention
<br />immediately.
<br />8. CORRESPONDENCE FROM THE CONTRACTOR
<br />All correspondence from the Contractor to the State shall be
<br />submitted to:
<br />Colorado Division of Minerals and Geology
<br />1313 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 Contractor shall provide and pay for
<br />all materials, labor, water, tools, equipment, light, power,
<br />transportation 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 uniform quality. The
<br />Contractor shall, if required, furnish satisfactory evidence as to the
<br />kind and quality of materials.
<br />10. PREFERENCE OF BIDDERS AND MATERIALS
<br />The selection of materials and 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 bidder shall be allowed a preference against a
<br />nonresident bidder from a state 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. (Title
<br />8-19-101 to 102, CRS, as amended)-(8-19-103 repealed,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, subcontractors, materialmen
<br />and supplies in the performance of this agreement, except
<br />for foreign construction material, if any, listed in this
<br />agreement.
<br />Components, used in this clause, means those articles,
<br />materials, and supplies incorporated directly into
<br />construction materials. Construction material, as used in
<br />this Clause, means an article, material or supply brought to
<br />the construction site for incorporation into the building or
<br />work Construction material also includes an item brought
<br />to the site pre-assembled from articles, materials or
<br />supplies. However, emergency fife 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 evaluated as a single and distinct
<br />construction material regardless of when or how the
<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
<br />constructed material mined or produced in the United
<br />States, or (b) a construction material manufactured in the
<br />United States, if the cost of its components mined
<br />produced, or manufactured in the United States exceeds 50
<br />percent of the cost of all its components. Components of
<br />foreign origin of the same class or kind as the construction
<br />materials determined by the Principle Representative or
<br />designee not to be mined, produced or manufactured in the
<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 8-17-101, C.R.S., as amended applies to this contract and states
<br />that eighty percent of the laborers employed on each project must be
<br />Colorado labor. "Colorado labor" means any person who is a resident
<br />of the State of Colorado at the time of employment, without
<br />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
<br />in accordance with the laws of Colorado. The Davis-Bacon Act does
<br />not apply.
<br />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 />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
<br />Colorado Antidiscrimination act of 1957, as amended, and the
<br />applicable law respecting discrimination and unfair employment
<br />practices. (Reference 24-34-402, C.R.S. as amended and the
<br />Governor's Executive Omer 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 perform 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 venture" shall designate a
<br />Superintendent with whom the OWNER can communicate and who
<br />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
<br />OWNER, enter into any subcontract covering any part of the work
<br />covered by this contract. An approved verbal request to subcontract
<br />shall be followed in writing with the name of the proposed
<br />subcontractor and a description of the work to be subcontracted.
<br />If at any time the OWNER determines that any subcontractor is
<br />incompetent or undesirable, he shall notify the CONTRACTOR
<br />accordingly and the CONTRACTOR shall take immediate steps for
<br />cancellation of the subcontract.
<br />Nothing contained in the purchase order contract shall create any
<br />contractual relationship between any subcontractor and the OWNER.
<br />Approval by the OWNER to any subcontract or any provisions thereof
<br />shall not be construed to be a determination of the acceptability of any
<br />subcontract price, or of any amount paid under subcontract or to
<br />relieve the CONTRACTOR of any responsibility for performing this
<br />purchase order contract
<br />Subcontracting by subcontractors shall be subject to the above
<br />requirements.
<br />15. SUPERINTENDENCE OF THE WORK
<br />The CONTRACTOR shall keep a competent and reliable
<br />superintendent on the job at all times that labor is being performed.
<br />The superintendent, in the CONTRACTOR'S absence from the site,
<br />shall stand in the stead of the CONTRACTOR and any authoritative
<br />directions given to the 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 other
<br />construction activities may be occurring at the same time as the work
<br />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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