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<br />~ll..""l.ll.. i l\\)~ j,.)IUf'\j,') <br /> <br />I...) <br /> <br />_ ~ v <br />CONTROLLER'S ,1I'1'IIOV,\~ <br /> <br />l. TIlis cOlllm"1 shlllluHt hc deemed valid until if shall have bcell :lllpruvcd by 'he Cuntroller flf the 51,lte uf <br />Colorado or .such 1Is.~islllllt :IS he nlllY dcsigllutc. This provisioll i.s :lltplicablc to any cuntract iumlviull the I,aymcnt of <br />mOlley by the State. <br /> <br />fUND AVAILABILITY <br /> <br />2. Financial obligations of the State paYllblc after the current fiscal year are contingent UpOIl funds for that <br />pUfllose being appropriated, budgeted and otherwise made uvailable. <br /> <br />BOND REQUIREMENT <br /> <br />3. If (lIis corllract involves the payment of more than ten thousand dollars (or the construction. erection, repair, <br />maintenance, or improvement of any building. road, bridge, viaduct. lunnel, excavaljun or other public wurk for <br />this Slate, the corUractor shall, bdore entering "pon the pedormance-of.nny such work included in this COlllmct, <br />duly execute and deliver to an(l file with the officilll whose signature urpears b~low for the Stllte. II good llnd <br />sufficient bond to be approved by said omcial in a penal sum not less than one.half of the lolal amount ptlYllble <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 lhat if the contructor or his subcon- <br />tractors fail "to duly pay for any labor. materiuls, team hire, sustel1ance, provisions. provender or other supplies used <br />or consumed by such conlraclor or his subcontractor in performance of the work contracted to be done, Ihe surety <br />will pay the same in an amount not exceeding the sum specified in the-bond, together with interest at the rale of <br />eight per cent per annum. Unless such bond, when so required, is "executed, 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 provides for the payment of more than five thousand <br />dollars and requires or involves ,he 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 nil <br />kinds) within Ihe geographical limits of the State, the rate of wage for all laborers and mechanics employed by the <br />contractor or llny subcontractor on Ihe boilding 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 olher public work is located. Disputes respecting prevailing rates will be resolved as provided in <br />8.J6-101, CRS 1973, as amended, <br /> <br />DISCRIMINATION AND AffiRMATIVE ACTION <br /> <br />5. The conlractor agrees to comply with the letter and spirit of the Colol'lldo Antidiscrimination Act of 1957, <br />as amended, and other applicable lllw respecting discrimination and unfair employment practices (24-34-301. CRS <br />1973, as amended), llnd as required by Executive Order, Equal Opportunity and Affirmlltive Action, dated April 16, <br />1975. Pursuant thereto. ti,e following provisions sho/I be colJlolned in all Stote contracts or sub-controcts. <br /> <br />During the performance of this contract. the contractor agrees as follows: <br /> <br />(I) The contractor will riot discriminate against any employee or applicant for employment lJecause of <br />race, creed, color. nalional Ol"igill. sex, marital status, religion, ancestry. mental or physical handicap, or age. <br />The contractor will take affinnlltive action to insure that applicants are employed, and Ihat employees are <br />treatec.l during employment, without regard to the above mentioned characteristics. Such action shall include, <br />but not be limited to the following:_ employment. upgl'llding, demotion, or transfer. recruitment or <br />recruJtment advertisings; Illy-offs or tenninotions; r3tes of payor other forms of compensatiori; and selection <br />for training, including apprenticeship. The contractor agrees to post in conspicuous places. available to <br />employees and applicants for employment, noUces to be provided by the contracting officer setting forth <br />provisions of this non.discrimination clause. <br /> <br />(2) The contmclor 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, melttaJ or physical handlcllp, or age. <br /> <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 commiUment under lhe Executive <br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the roles. regulations, and <br />relevarlt Orders of the Governor. <br /> <br />(4) The contractor and labor unions will Jurnish all infonnation and reports required by Executive Order, <br />EquaJ Opportunity add Affirmative Action of April '6. 1915, and by the roles. regr.datiol1s and orders of the <br />Governor. or pursuant thereto. and will pennit access to his books, records. and accounts by the contracthlg <br />agency and lhe office of the Governor or his designee for purposes of investigation to ascertain compHance <br />with such rules, regulations and orders. <br /> <br />(5) A labor organiz:ltion will not exclude allY individual o.herwise qualified fro~ full mell1hership rights In <br />such Inbor organization, ur expel any such inwviduul from memberslup in stich .labor otgllnization or <br />discriminate against llIlY of Its members in the full enjoyment of work opportunity, because of race. creed, <br />color, sex, nalional origin, or ancestry. <br /> <br />(6) A labor orgunization, or (he employees or members thereof will nol aid, abet, incite, compel or coerce <br />the doing or any act de lined ill this contruet to be discriminatory or ob.dnICt or rrevent any person from <br />complying with thc pruvisions of lhis contract or any order i.~sued thereunder; or atlem(1f, either directly or <br />Indirectly, to cOllllllit rill}' :rct dcftncc.lll1lhis contract to be discrimin:rtory. <br />~ <br />. . p.g...2::... or -A- p.ges <br />