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<br />SPECIAL PROVISIONS, <br /> <br />CONTROLLER'S APPROVAL <br /> <br />I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of <br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of <br />money by the State. <br /> <br />FUND A V AILABILlTY <br /> <br />2. Financial obligations of the State payable' after the current fiscal ye~r are contingent upon funds for that <br />purpose.being appropriated, budgeted and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the payment of more than one thousand dollars for the construction, erection, repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for <br />. this State, the contractor shall, before entering upon the performance of any such work included in this contract, <br />duly execute and deliver to and file with the official whose signature appears below for the State, a good and <br />sufficient bond to be approved by said official in a penal sum not less than one-half of the total amount payable <br />by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the <br />due and faithful performance of the contract, and in addition, shall provide that if the- contractor or his subcon- <br />tractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used <br />or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety <br />will' pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of <br />eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor <br />of the contractor arising under this contract shall be audited, allowed or paid. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand <br />dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of <br />any building or other public work, (except highways,. highway bridges, underpasses and highway structures of all <br />kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the <br />contractor or any subcontractor on the building or public work covered by this contract shall be not less than the <br />prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in <br />which the building or other public work is located. Disputes respecting prevailing. rates will be resolved as provided in <br />8-J6-101, CRS 1973, as amended. <br /> <br />DlSCRIMINA TlON <br /> <br />5. TIle contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as <br />amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS 1973, <br />as amended). <br /> <br />COLORADO LABOR PREFERENCE <br /> <br />6. Provisiolls of 8-17.101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if <br />public works within the State are undertaken hereunder and are financed in whole or in part by State funds. <br /> <br />GENERAL <br /> <br />7; The laws of the Stllte of Colorado and rules and regulations issued pursuant thereto.shall be applied in <br />the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not <br />incorporated 'herein by reference which provides- for arbitration by any extra-judicial body or person or which is <br />otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in <br />any provision incorporated herein by reference which purports to negate this or any other special prO\ision in. <br />whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, <br />defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate <br />the remainder of this contract to the.extent that the contract is capable of execution. <br /> <br />R. The si'gnatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt I.nfluences) <br />and 18-8-401, et seq., (Abuse of Public Office), C.R.S. ] 973, as amended, and that no violation of such provisions is <br />present. <br /> <br />9. The signatories aver that to their knowledge, no state employee has any. personal or beneficial interest <br />whatS(lever in tllC service or property described her.ein. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement on. the day first above written. <br /> <br />J. J. <br />AND <br /> <br /> <br /> <br />COlltr:lC <br /> <br />POI(ln~ <br /> <br />By <br /> <br /> <br />'S EXECUTIVE DIRECTOR, <br />HARRIS D. SHERMAN <br />D PARTMENT <br />OF NATURAL RESOURCES <br /> <br />APPROVALS <br /> <br />CONTROLLER <br /> <br />DAN S. WH!HEi\lORE <br /> <br />C25 <br /> <br />~~L~_ <br />