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<br />F.........t.-AC-4l2B <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLE~'S APPROVAL <br /> <br />I. This COntract shilll not be;: dc~med villid until it shall have' been ilpproved by the Controller of the Stale of Colorado or ~uch <br />assistant as he may de~ignate. This provision is applicable 10 any contract involving thc payment of money by the Slate. <br /> <br />'- <br /> <br />FUND AVAILAnILlTY <br /> <br />::!. Financidl obligations of the Stalc paYilble after the CUTTent fiscal year ilrc contingent upon fund~ for that PUflXJ'>t: tJcing <.lppmprimcd. <br />budgeted and Otherwi>e Tll<.lde availabk. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this Contract involves the :payment of more than fifty thousand dollars for the construction. erection. repair. main- <br />tenance, or improvemenl of any building. road, bridge. viaduct. tunnel. e)(ca\"ation or other public works for this State, the <br />contractor shall, before enter ing the perfonnance of any such work included in this contract. duly C1I:ecute and deliver to and <br />lile with the offiCial Nhose signature :'ppears below for the State. a gO<Xl and sl.ttlicient bOnd or other ilcceptable surety 10 be <br />approved by said ollicial in a penal slim nOlless than one-half of the total amOl1nt payable by the terms of this contrac!. Such <br />bond shall be duly e)(ecuted by a qualified corporate surety. conditioned for the due and faithful perfonnance of the contract. <br />and in addition, ;hall provide that if the contractor or his ~ubconlractors fail to duly pay for any Ia.bor. materials. tcam hire. <br />sustenance. provisions. provendor or other supplies used or consumed by such contractor or hi; subcontractor in p~rfor- <br />mance of the WOrk contracted 10 be done. the surety will tlay the same in an amount not exceeding the sum spccified in the <br />bond. together with interest at the rate of eight per cent per annum. Unles~ such bond. when so required. is exccuted. <br />delivered and filed. no claim in favor ufthe contractor ariSing under this contract shall be audited. allowed or paid. A ccrtified <br />or cashier's check or a bank money order payable 10 the Treasurer of the State ufColorado may be accepted in lieu of a honJ. <br />This provision i~ in compliance with JIl-::!6-I06 CRS. qS amended. <br /> <br />M <br /> <br />WACE <br /> <br /> <br />4. E1I:cept as othe"""'1 t'd by law. if this contract is in excess of one hundreJ r sand dollar~ and requires <br />or involves the employment of laborers () nics in the construction. alte r repair of any building or other puhlic <br />works (e)(cept highways. highway bridges. underpass ructures of all kinds or COlltracts for any purpOse 10 <br />which the state d~partment of highwa}'s or the chief r IS a pa . hin the ge'l!!faphieal limits of the Slatc. the r,lle of <br />wages for alllaoorers and me.::hunics e y the contractor or any subco nlllhe buikJing or nlhcr public works <br />covered under the contrac not be less than the prel'ailing rale of wages fQr \Hlrk nl a S :lture in the county. city <br />and county. clpality of the State in which the building or other puhlic I',wks i~ located. The pre\, 'ule of Wages <br />resolution of any disputes n~sulting therefrom shall be us preseribeli by X-lti-IOI CR~. a~ amended <br /> <br /> <br />DISCRIMINATION AND AfFIRMATIVE ACTION <br /> <br />5. The COntractor agrees to comply with the lellcr and spirit of the Colorado Antidiscritninatinn Act of 1957. as <br />amended. and olher applicable law respecting discrimination and unf:lir employment praetico.::s (24-.H'40::!. CRS 1'-J82 <br />Replacement Vo!.). and us required by Executi\'e Order. J:.qual Opportunity attd Allirmafil"e A<.:tion. dated April [6. 1975 <br />Pursuant therelO, the following prol'l'sions shall be comaifled in all Statt? ('onrfacts Of sub-coll/ructs. <br /> <br />During Ihe perfunnance of Ihis contmcL the Contmctur agrees as follows: <br /> <br />(II The cOlltrador will not Jiscriminale against any employee or applicant for l'mploymenl beCtlllse of <br />race, creed, color. national origin, '-C\. maritaj ~tatu~. rdigiun, ancestry, ll1enlal or llhy~ical handicap, III age. <br />The COntractor will take affirmali\'e action tf) insure that applicants are employed, and Ihat employees are <br />treated during emploYlllent, ",ithoul regard to the above mentioned chamcteri~tics. Such action ~hall inclUlle. <br />but not be limited to the following: employment. upgrading. demolion. or tramfer, recmitmt'nt or <br />recmitntent ai.l\"ertising.: lay.ofh or terminafions: rate~ of payor other for1ll\ of l'Olnpensalion: and '-C1~clion <br />for training, including apprelllice~hip. The contractor agree.. to pmt itl conspicuous places. available to <br />employees and applicants for employment. 110tices to ht: provi<1ed by the contral.:ting offi.:er ..etting forth <br />provisions of this non.discrimination clause. <br /> <br />(2) lhe contractor ",ill, in all solicitations or advertbements fur employees placed hy or on behalf of the <br />contracltlr. state that all qualified applicants will recei\'e consi~erati()n for employment \\.ithout reglud to <br />race, creed. colur, national origin, sex, marita.! ..talus. religion, ancestry, mental or Ilhy..ical handicap, or age. <br /> <br />(3) lhe contractor will send to each labor union or representative of workers with which he has collective <br />bargaining agreement or olher contract or understanding, notice to be IlfilVided by the conlrdcting officer, <br />advising the labor union or workers' representative of the contractor's cummittment under the Executive <br />Order. Equal Opportunity and Affinnative Action. daled April 16, 1975, and of the rules, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) The contractor and labor unions will furnish all infurmati()n and reports reqtlired by Executive Order, <br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, re~lations aud Orders of the <br />CovernQr, fir pursuant thereto. aud will permit access to his books, records, and aCICounts by the contl',lcting <br />agency and the office of the Covernor or his designee for purposes of investigation to ascertain compliance <br />with su<:h mles, regulations and orders. <br /> <br />(5) A labor organization will not exclude any individual otherwise qualified from full membership ri&hts in <br />such labor organization, l)r expel any such individual from nu~mhen,:hip in sUi;h labor orgaflilation or <br />discriminate against any of ifs members in the full enjoyment of work opportunity, because of race, creed, <br />color, sex, national origin, vr ancestry. <br /> <br />(6) A labor organization, or the employees or members thereof will not aid, abet. incite. compel or <:oeree <br />the doing of any act defined in this conlmet to be discriminatory or obstruct or prevent any person from <br />complying with the provisions of this contract or any order is~ll~d thereUrlder; or attempt, either directly or <br />indirectly, to commit any act defined ill this Contract to be discriminatory. <br /> <br />395.53-01-1022 <br /> <br />7 8 <br />page~ of _ pages <br />