|
<br />1
<br />~
<br />~
<br />o
<br />~
<br />
<br />',-'
<br />~
<br />
<br />'"
<br />\.)
<br />
<br />SPECIAL PROVISIONS
<br />
<br />CONTROLLER'S APPROVAL
<br />
<br />1. This contract shaD not be deemed valid until it shall have been approved by the ControDer of the State of
<br />Colorado or such assistant as he may designate. lhis provision is applicable to any contract involving the payment of
<br />money by the State.
<br />
<br />FUND AVAILABILITY
<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 available.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. If this contract involves the payment of more than one thousand doUaes 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 perfonnance 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 execute'd, 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 />doUars 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 geographicailimits of the State, the rate of wage for all laborers and mecbanics employed by tbe
<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 />8-16-101, CRS 1973, as amended,
<br />
<br />DISCRIMINA nON
<br />
<br />5. The 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, Provisions 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 State 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 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 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 />8. The signatories hereto aver that they are familiar with 18-8.301, et seq" (Bribery and Corrupt Influences)
<br />and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973, 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 />whatsoever in the service or property described herein.
<br />
<br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day fust above written.
<br />
<br />
<br />S D, SHERMAN
<br />
<br />Position
<br />
<br />APPROVALS
<br />
<br />
<br />By
<br />
<br />By
<br />
<br />DAN S. WHITTEMORE
<br />c.E;: #~.,..<"../ ./
<br />
<br />CONTROLLER
<br />
|