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Farm 6-AC-02B . SPECIAL PROVISIONS
<br /> CONTROLLER'S APPROVAL
<br /> 1. This contract shall not be deemed valid until it shall have been 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 performance of the contract, and in addition, shall provide that if the contractor or
<br /> his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
<br /> supplies used or consumed by such contractor or his subcontractor 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 /> MINI.MUM 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) 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 /> 5. 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 thereto, the following provisions shall be contained in all State contracts or sub-contracts
<br /> During the performance of this contract, the contractor agrees as follows:
<br /> (1) The contractor will not discriminate against any employee or applicant for employment because of
<br /> race,creed, color, national origin, sex, marital status,religion,ancestry,mental or physical handicap,or age.
<br /> The contractor will take affirmative action to insure that applicants are employed, and that employees are
<br /> treated during employment,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 terminations;rates of pay or other forms of compensation;and selection
<br /> for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
<br /> employees and applicants for employment, notices to be provided by the contracting officer setting forth
<br /> provisions of this non-discrimination clause.
<br /> (2) The contractor will, 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) The 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 comnuttment 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 Governor.
<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 Governor or his designee for purposes of investigation to ascertain compliance
<br /> with such rules,regulations and orders.
<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.
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<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.
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