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<br />SPECIAL PROVISIONS <br /> <br />"." <br />CONTROLLER'S APPROVAL <br /> <br />"'-j"l"," <br /> <br />1. This contl'act shall not be deemed valid until it shall have been approved by the Controller of the State of <br />. Colorado or such assi~tal1f as he may designate. This provision is applicable to any. c:on.tract involving the payment of <br />money by tlle State. <br /> <br />FUND A V AILABILlTY <br /> <br />2. Financial obligat.ions of the State payable after the current fiscal year are contingent upon funds for that <br />purpose being appro.priated, budgeted and otherwise made available. <br /> <br />BONDREQUlREMENT <br /> <br />3. "Uthis contract involves the payment of mQre than one thousand dollars for the construction, erection, repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, e.xcavation or other public work for <br />this State, the contractor shall, 'before entering upon the performance of any sllch work included in this contract, <br />duly execute anq 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 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 provi~es for the payment of more than five thousand <br />dollars and requires or involves the employment of lab'orers or mechanics in the construction, Dlteration or repair of <br />Dny 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 ill 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-lOI;CRS 1973, as,amended. <br /> <br />"DISCRIMINATION <br /> <br />5, The contractor..ag'rees to comply 'with the letter and spirit ofthe Colorado 'Antidiscrimination Act of 1957, as <br />amended, and other applica~le 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 lahor are applj'cable to this contract if <br />public works within the St::lte are undertaken hereunder and are fin~nced 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 shalt 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 />8. The signatories hereto aver thitt 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 />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 first above written. <br />NELSON, HALEY, PATTERSON <br />AND QUIRK, INC. <br /> <br />STATE OF COLORADO <br />RICHARD D, LAMM, GOVERNOR <br /> <br />Contractor <br /> <br />By <br /> <br />Position <br /> <br />'SE~ECUTlVE DIRECTOR-, HARRIS D. SHERMAN <br />DEPARTMENT <br />OF NATURAL RESOURCES <br /> <br />APPROVALS <br /> <br />ATTORNEY GENERAL <br /> <br />CONTROLLER <br /> <br />By <br /> <br />By <br /> <br />Page~which is the lu"st of~pages <br />.See instructions on reverse side. <br />