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<br />Form 6-AC-021l <br /> <br />SPECIAL PROViSIONS <br /> <br />CONTROLLER'S APPROV AL <br /> <br />I. This contract shall not bc deemed valid until it shall have been approved 1>)' the Controller of the State of <br />Colorado or such assistant as he: may designate. This provision is .,pplieahle 10 :IIlY wlllrael illvolviIlg the paYIIlenl of <br />money by the State. <br /> <br />FUND A V AILAIlILlTY <br /> <br />2. Fin.mcial ohligations of the Stale payahk after Ih,' "urn'Ilt fiscal year arc eontingenl upon funds for Ihal <br />purpose being appropriated, hudgcted and otherwise made availahle. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the paymenl of more than ten thousand dollars for the construction, ereclion, repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this <br />State, the contractor shall, before entering upon the perfonnance of any such work included in this contract, duly <br />execute and deliver to and file with the official whose signature appears below for the State, a good and 'sufficient <br />bond or other acceptable surely to be approved by said official in a penal sum not less than one-half of the total <br />amount payable by the terms of this contract. Such hond sh..1l be duly exec'uled by a qualified corpora Ie surety, <br />conditioned for the due and faithful perform. ance of th.e.co~tr: . -:An addition, shall provide thai if the contractor or <br />his subcontractors fail to duly pay for any labor. mater s, ~<Vire, sustenance, provisions, provender or other <br />supplies used or consumed by such contractor or hi4 or in~~anfe of the work contracted to be done, <br />the surety will pay the same in an amount. not excee~ he su~_ iei~e bond, together with interest at Ihe <br />rate of eight per cent per annum. Unless such bond, when ~I'r executcd, delivered and filed, no claim in <br />favor of the contractor arising under this contract sha au~, owed or paid. A certified or cashier's check or a <br />bank money order made payable to thc Treasurcr . Ie of Colorado may be accepted in leiu of a bond. <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 />dollar.; and requires or involves the employment of laborers or mechanics in the construction, <llter<ltion or repair of <br />any building or other public work, (excepl highways. highway bridges, nnderpasses and highway structures of all <br />kinds) within the geographical limits of the State, the raIl' of wage for all lahorers and mechanics employed by Ihe <br />contrdclor or any subcontnlctor on the building or Iluhlic work covered by this contract shall be not less than the <br />prevailing rate of wages for work of a similar nature in the dty, town, vill<lge or other eivil subdivision of the State in <br />which the building or olher Ilublic work is located. Disputes respecling pn,vailing rail'S will he resolved as provided in <br />8-16-101, CRS 1973. as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. 'Ille contrdctor agrees to comply with the lelter and spirit of the Colorado Antidiscrimin<ltion Act of 1957. <br />as amended, and other aplllicable law respeeling discrimination <lnd unfair ,-mllloyment Ilractices (24-34-30 I, CRS <br />1973, as amended), and as required by Executive Order, Equal Opllortunity and Affirmative Action, dated April 16, <br />1975. Pursuant thereto. the followillg provisiom shalllJe cOlllailll.'(/ ill all S/ale C01l/rac/s or sulJ.co1l/ru(.'/_~ <br /> <br />During the performance of this contract. the contmctur agrees as follows: <br /> <br />(1) The contractor will not discriminate against <lny employee or applicant for employment becanse of <br />race, creed, color, nation.1I origin, sex, marital stalus, religion, ,mcestry, mental or physic<ll hlmdie<lp, or <lge. <br />TIle contractor will take affirmative action to insnre tllllt alllllicanls are employed, and that employecs are <br />treated during emploYIll,'nt, without regard to the above mentioned characteristics. Such action shall include, <br />but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or <br />recruitment advertisings; lay-offs or tenninations; mte, of payor other forms of compensation; and selection <br />for trdining, including allprenticeshill. The contractor agrees to post in ellnsllicuous places, available to <br />employees and allplicants for employment, notices to be provided by the contracting officer selling forth <br />Ilrovisions of this non-discrimination clause. <br /> <br />(2) TIle contractor will, in all solicitations or advertisements for cmployees placed by or on behalf of the <br />contractor, state that all qualified applicants will receive consideration for emllloyment without regard to <br />race, creed, color, national origin, scx, marit<ll status, religion, ancestry, mental or Ilhysic<ll handicap, or age. <br /> <br />(3) The contractor will send to c<lch labor union or representative of worker.; with which he has collective <br />bargaining agreement or other contract or understanding, notice to be provided by the contrncting officer, <br />advising the labor union or workers' represcntative of the contractor's committment under the Executive <br />Order, Equal Opportunity and Aflinnative Action, dated April 16, 1975, and of the rules, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) TIle contrnctor and labor unions will furnish <In information and rel'orts required by Executive Ol'(ler, <br />Equal Opportunity and At'tirmative Aetion of April 16, 1975, and by the rules, re!,'llIations aud Orders of the <br />Governor, or pursuant thereto, and will pennit access to his books, records, and accounts by the contracting <br />agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance <br />with such rules, regulations and orders. <br /> <br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in <br />such labor organization, or expel any such individual from membership in such labor organization or <br />discriminate <lgainst any of ils members in the full enjoyment of WOlk upportunity, because of race, creed, <br />color, sex, national origin, or ancestry. <br /> <br />(6) A labor organization, or the employees or member.; thereof will not aid, abet, incite, compel or coerce <br />the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from <br />comlllying with the provisions of this cont",ct or <IllY cmkr issued thereunder; or attempt, either directly or <br />indirectly, to commit any act defined in this contrdct to be discriminatory. <br /> <br />395-53.01.C 028 <br /> <br />Il<lgt' <br /> <br />6 <br /> <br />" of <br /> <br />7 _ Ilagt'S <br />