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<br />\ <br />~ <br />" <br />,~ <br />~ <br />~? <br />~~ <br />,) <br />~ <br />~ <br /> <br />SPECIALI'ROVISIONS <br /> <br />CONTROLLER'S APPRO" AL <br /> <br />l. This contract shall not be deemed valid until it shall have been' sppro'ved by the Controller of the State of <br />Colorado or such as~istant 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 AILAB~LITY <br /> <br />2, Financial obligations of the State payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated. budgeted and otherwise made avail~b]e. <br /> <br />BOND REQUIREMENT <br /> <br />< 3. Hthis 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, befo~e entering upon the performance of any such work included in this contract, <br />duly execute and deliver to and rile with the o,fficial 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 d1;lly executed by a qualified corporate surety, conditioned for the <br />due and faithful performtlJ1ce of the contract, and in addition, shall provide 'that if the co'ntractor or his subcon. <br />tractors fail to duly p.IY for any labor, ':'laterials, team hire, sustenance, provisions, provender or' other supplies used <br />or consumed by such contractor or his subcontmctor in performance of the work contracted to be done, the surety <br />will pay the same in an amount hot -exceeding the sum specified in the- b~nd. 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, raid. <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 />allY building or other public work, (except highways, highway' bridges', ~n4erpasses and highway structures of all <br />kinds) within the geographical limits of the State, the rate of wage for all laborers :md mechanics employed by the <br />contractor or _any subcontractor on the building or publie work covered I>y this contract shall be not less than the <br />prevailing nice 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 />8-16-101, CRS-1973, as amended, <br /> <br />DISCRIMINATION <br /> <br />S. l11e 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 a~d unfair employment practices (24-34-301, CRS 1973, <br />as amended). <br /> <br />COLORADO LADOR PREFERENCE <br /> <br />. . <br />6. Provisions of 8-17-101', &. 102, CRS J 973 for preference of Colorado'labor are applicable to,tllis ,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 laows of the Slate of Colorado and rules and regulations issued pursuant thereto shall be applied ill <br />the interpretation, execution and enforcement of thi~ 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 :md regulations shall be considered lIulJ and void. Nothing ,contained in <br />any provision incorporated herein by reference which purports to negate this or any other special provision 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 openltion of this provi~ion will not invalidate <br />the remainder of this contract to the extent that 'the contract is capable of execution. <br /> <br />8, The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery ahd Corrupt Illnuences) <br />and 18-8-401, et seq" (Abuse of Public Office), C.R.S. 1973, 'as a,mended, and t1wt 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 />whatsoever in the selVice or property described herein. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day' first above written. <br /> <br />WESTERN ENGINEERS, INC. <br /> <br />STATE OF COLORADO <br />. RIClIARO 0, LAMM, GOVERNOR <br />. l).~.' <br />.S EXECUTIVE DIRECTOR, RRISD--:-5HERMAN <br /> <br /> <br />cunl",t0<4;~~ ~^~~ <br /> <br />Position ,1\111 tY,,\,.(.^"~^"A1 <br />, . <br /> <br />RESOURCES <br /> <br /> <br />APPROVALS <br /> <br />Dy <br /> <br />DAN .S. WHITTEMORE. <br />~ -4?;-/-.1 . <br /> <br />CONTROLLER <br /> <br />Dy <br />