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• Form 0 m'412 it SPLIL'IAL, PROVISIONS <br />CONTROLLER'S APPROVAL <br />I. I1►is contract .hall 11411 hr deemed said until it .hall hasc IWO' 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 />FUND AVAILABILITY <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 />BOND REQUIREMENT <br />3. If this contract involves the payment of more than ten thousand dollars for the construction, erection, 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 performance 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 surety 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 bond shall be duly executed by a qualified corporate surety, <br />conditioned for the due and faithful perfomlance of the contract_, and in addition, shall provide that if the contractor or <br />his subcontractors fail to duly pay for any labor, material s, °team hire, sustenance, provisions, provender or other <br />supplies used or consumed by such contractor or his subcontravlor in peformance of the work contracted to be done, <br />the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the <br />rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed; no claim in <br />favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a <br />bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond, <br />MINIMUM WAGE , <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 1 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 />8.16 -101, CRS 1973, as amended. <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br />S, The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discrimination and unfair employment practices (24-34 -301, CRS <br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, <br />1975. Pursuant there 1r►, they fulh,►ving provisions shall be euntained in all , Vtate contracts or sub - contracts. <br />During the performance of 1his contract, the conlr rc as follows: <br />a <br />(1) The contractor will not discriminate n mplo e a licant for employment because of <br />rare, erred, color, uatiunal origin, six, man t: t. , reli es mental or physical handicap, or age. <br />The contractor will take affirmative action to sure p ' , s are employed, and that employees are <br />treated during employment, without regard tAthebo ned characteristics. Such action shall include, <br />but not be limited to the following: en1 t, grading, demotion, or transfer, recruitment or <br />reennilment advertising,; lay-offs or terminats of pay or other forms of compensation; and selection <br />for irauaing, including apprenticeship. The contractor agrees to post in conspicuous places, available to <br />employees and applicants for employment, notices to be provided by tine contracting officer setting forth <br />provisions of this non- discrimination clause. <br />(2) The contractor rill, in all solicitations or advertisements for employees placed by or on behalf of the <br />contractor, state that all qualified applicants will receive consideration for employment without regard to <br />race, creed, color, national origin, sex, marital'status, religion, ancestry, mental or physical handicap, or age. <br />(3) 77te contractor will send to each labor union or representative of workers with which he has collective <br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, <br />advising the labor union or workers' representative of the contractor's committment under the Executive <br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and <br />relevant Orders of the Govemor. <br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order, <br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the <br />Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting <br />agency and the office of the Govemor or his designee for purposes of investigation to ascertain compliance <br />with such rules, regulations and ordert. a <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 against any of its members in the full enjoyment of work opportunity, because of race, creed, <br />color, sex, national origin, or ancestry. <br />(6) A labor organization, or the employees or members 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 />complying with the, provisions of this contract or any order issued thereunder; or attempt, either directly or <br />indirectly, to commit any act defined in this contract to be discriminatory. <br />395.53.01 -C 0213 page_ of 6 pages <br />