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right to cancel the Purchase Order if the Contractor fails to
<br /> begin the work as scheduled.
<br /> 6. ACCIDENT PREVENTION AND SAFETY bidder is a resident. (Title 8-19-101 to 102, CRS, as
<br /> MEASURES amended)—(8-19-103 repealed, 1988)
<br /> The Contractor shall comply with applicable provisions of The Buy American Act provides that the Government
<br /> OSHA Part 1926, Construction Standards and Interpretations, give preference to domestic construction material.
<br /> in effect on the date of the Bid Opening. The Contractor shall The Contractor agrees that only domestic
<br /> continuously maintain, at his expense, adequate protection of construction material will be used by the Contractor,
<br /> the work and the Principle Representative's property, and shall subcontractors, materialmen and supplies in the
<br /> take all practicable precautions in the interest of safety. performance of this agreement, except for foreign
<br /> construction material,if any,listed in this agreement.
<br /> Any shafts which were fenced prior to construction activities
<br /> shall be protected by a temporary fence during non-working Components, used in this clause, means those
<br /> hours,without relieving the Contractor of its legal or contractual articles, materials, and supplies incorporated directly
<br /> duties to take safety precautions. Other openings may be into construction materials. Construction material,as
<br /> designated by the Project Manager as requiring fencing due to used in this clause, means an article, material or
<br /> proximity of houses or visitation by tourists. supply brought to the construction site for
<br /> incorporation into the building or work. Construction
<br /> Work may involve activities around unprotected hazardous material also includes an item brought to the site pre-
<br /> mine shafts, stopes, adits and other openings which may be assembled from articles, materials or supplies.
<br /> open to the surface or hidden from view by trash, debris, However,emergency life safety systems,such as fire
<br /> vegetation,or thin and unstable layers of surficial materials or alarm systems, which are discrete systems
<br /> rock. The Contractor shall be responsible for thoroughly incorporated into a public building or work and which
<br /> investigating the site conditions and scheduling and directing are produced as a complete system, shall be
<br /> his equipment, equipment operations, personnel and safety evaluated as a single and distinct construction
<br /> procedures to prevent accidents and injuries. Failure to comply material regardless of when or how the individual parts
<br /> will be cause for immediate suspension of the work. or component of such systems are delivered to the
<br /> construction site. Domestic construction material,as
<br /> 7. PLANS AND WORKING DRAWINGS used in this clause means (a) an unmanufactured
<br /> constructed material mined or produced in the United
<br /> The drawings if any, included with this contract are complete States,or(b)a construction material manufactured in
<br /> and adequate for construction. While every effort has been the United States,if the cost of its components mined
<br /> made to have the plans and drawings free of errors and produced, or manufactured in the United States
<br /> ambiguities, any such errors aor ambiguities must be brought exceeds 50 percent of the cost of all its components.
<br /> to the Project Manager's attention immediately. Components of foreign origin of the same class or
<br /> kind as the construction materials determined by the
<br /> 8. CORRESPONDENCE FROM THE CONTRACTOR Principle Representative or designee not to be mined,
<br /> produced or manufactured in the United States in
<br /> All correspondence from the Contractor to the State shall be sufficient and reasonably available commercial
<br /> submitted to: quantities of a satisfactory quality,shall be treated as
<br /> domestic.
<br /> Colorado Division of Minerals and Geology
<br /> 1313 Sherman St., Rm.215 11. LABOR AND WAGES
<br /> Denver, Colorado 80203
<br /> (303)866-3567 Title 8-17-101,C.R.S.,as amended applies to this contract and
<br /> Fax (303)832-8106 states that eighty percent of the laborers employed on each
<br /> project must be Colorado labor. "Colorado labor"means any
<br /> 9. MATERIALS person who is a resident of the State of Colorado at the time of
<br /> employment, without discrimination as to race, color, creed,
<br /> Unless otherwise stipulated, the Contractor shall provide and sex, age or religion."
<br /> pay for all materials,labor,water,tools,equipment,light, power,
<br /> transportation and other facilities necessary for the execution The rate of wages to be paid for all laborers and mechanics
<br /> and completion of the work. shall be in accordance with the laws of Colorado. The Davis-
<br /> Bacon Act does not apply.
<br /> Unless otherwise specified,all materials shall be new and both
<br /> workmanship and materials, shall be of good and uniform The Contractor shall at all times enforce strict discipline and
<br /> quality. The Contractor shall, if required, furnish satisfactory good order among his employees, and shall not employ on the
<br /> evidence as to the kind and quality of materials. work any unfit person or anyone not skilled in the work
<br /> assigned to him.
<br /> 10. PREFERENCE OF BIDDERS AND MATERIALS
<br /> 12. EQUAL OPPORTUNITY
<br /> The selection of materials and equipment for the work shall be
<br /> in accordance with the laws of Colorado and the Buy American The CONTRACTOR agrees to comply with the letter and spirit
<br /> Act(41 U.S.C. 10)as follows: of the Colorado Antidiscrimination act of 1957, as amended,
<br /> and the applicable law respecting discrimination and unfair
<br /> A resident bidder shall be allowed a preference employment practices. (Reference 24-34-402, C.R.S. as
<br /> against a nonresident bidder from a state or foreign amended and the Governor's Executive Order of April 16, 1975
<br /> country equal to the preference given or required by relating to equal opportunity and affirmative action which are
<br /> the state or foreign country in which the nonresident incorporated and made a part hereof by references as if fully
<br /> set forth herein.)
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