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<br />..I'orm6-A('-tl28 <br /> <br />SPECIAL PROVISIONS <br /> <br />~ <br /> <br />CONTROLLER'S APPROV AL <br /> <br />I. This contract shall not he deemed valid until it ~hall 1t:L\'C heen approved by the Controller of the State of <br />Colorado or sueh assistant us he lIlay designate. 'Illis Vruviloioll is applic:lhlc III allY l'olltract involving the payment of <br />money by the State. <br /> <br />FUND A V AILA81L1TY <br /> <br />2, Fill.lllcial obligations 01' 1I11' Statl' p:lyahll' ..ftl'r 1I1l" l'um'ul rlM.al Yl';lf arc contingent UpOIl funds ('Jr that <br />purpose being appropriated. budgeted alld otherwise nll1dc av..il.lhle, <br /> <br />80ND REQUIREMENT <br /> <br />3, ICthis contract involves the payment of more than ICJlthuusanll dollars for the construction, erection, repair, <br />maintenance, or improvement oC any huilding, 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 1sufficient <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 t;nntract. Such hond shall he July cxe<:utcu by a qualified corporale surety, <br />conditioned for the due and faithful performance of the contract, and in addition, shill I provide that if the comractor or <br />his subcontractors fail to duly pay for any labor. materials, learn hir~. sustenance, provisions, provender or other <br />supplies used or consumed by such contractor or his subcomrdclor in pefonnance of the work contracted to be done, <br />the surely will pay the same in un amount not cxcecding the sum spel'ified in Ihc 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 Stale of Colorado may be aCl.:cpted in Iciu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as olherwise provided by law, if this contract provides for the paymelll of more than five thousand <br />dollars and requires or involves the employment of laborers or mech.lIlics in the construction, alteration or repair of <br />any building' or other public work, (exccpt highways, highw<lY bridgl's, underpasses and highway structures of all <br />kinds) within the geographical limits of the StOlte, the mtl' of Wllgl' for all laborers llnd mechanics employed by the <br />contractor or any subconk<lctor on the huilding or public work cuVl.'rl.'d by this contmct shall be not less than the <br />prevailing rllte of wages for work of a similar nature in till' city. town, villllge or olher civil subdivision of the State in <br />which the building or other public work L'i IOC"dted. Uisl)utes respel.tin~ prevailing rail'S will be resolved as provided in <br />8-16.101, CRS 1973. as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. TIle contr<lctor agrees to comply with the letter and spilit of the Colorddo Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discriminalion and unfair eml)loym~nt practices (24-34-301, CRS <br />1973, as amended), and a.~ required by Executive Order. Equal Opportunity and Affinnative Action, dated April 16. <br />1975. Pursuullt/here/o, fhl! followillg p'ovjsjotl.~ shull be (,(Jl/laitll'd iI/ all Slale {'ontracls or SIl!rcolllra("fS., <br /> <br />During thc perfonmlllce of this contract, tlte COlltr:U:tur llgn.'C~ as follows: <br /> <br />(l) The contractor will not discriminate against :IIIY employee or applicant for employment because of <br />ruce, creed. color, n..tiollnl origin, sex, marital status, religion, anc{.'Stry, mcntal or physicllI hlmdicap, or age. <br />1111.' contractor will take llffinnative action to insure thaI applicants are l'mployed, and that employees are <br />lreatcd during cmploymcnt. without regllrd to the above mcntioncd charactcristics. Such action shall include, <br />but not be limited to the following: employment, upgrmling, demotion, or transfer, recruitment or <br />recruitment advertisin~; lay-offs or terminations; ralc!> of PllY nr other forms of COlUl'enslltion: and selection <br />for trdining. including apprenticeship. 'OIC cOlltmclor llgrCCS to I)osl in conspicuolls places, available to <br />employees and applicants for eml)loyment, notices tll hI.' providl.'d by Ihc contracting ()ffjcl.'r selling forth <br />provisions of this non-discrimination clause. <br /> <br />(2) TIle contraclor will, in all solicitations or advertisements for cmplflyel"s placl!d by or 011 behaif of the <br />contractor, state that all qualified applicants will receive COllsidl.'rdtion fur t'mployment without regard to <br />race, creed, color, national origin, SeX, marital status, religion, ancestry, mental or physicaJ handicap, or age. <br /> <br />(3) The contr<lctor will send to each labor union or rcpresent:ltive 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 Ihe (ontraclor.s committment under the Executive <br />Order, Equal Opportunity and Affinnative Action, dated April 16. 1975, and of the rutes, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) 1111.' contractor and lahar unions will fumish ..II information am) reports fC{luired 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 pennit access tll hL~ books, records, and accounts by the conlracting <br />agency and the office of the GoveTllor or his desigm'c fQr purposes of inVl'stigation to ascertain compliance <br />with such rules, regulations and orders, <br /> <br />(5) A labor organization will not exclude any individual olherwise qualified from full membership rights in <br />such labor organization, or e~pel any such individual froRl membership in such labor organization or <br />discriminate against any of its members in the full cnjoymenl of work upportunity, bec..use of race, cfl'ed. <br />color, sex, national origin, or ancestry. <br /> <br />(6) A labor organization, or the employc..:s or memhers thereof will not aid, abet, incitl.', compel or co..:rce <br />the doinl of any act defined in this contract to he discriminatory or ohstnlct or prevent any person from <br />complying with the provisions of this contrdct or allY ortll'r issued thercund..:r; or attempt, eilher directly Of <br />indirectly, 10 commit any act defined in this contract to he discriminatory. <br /> <br />llage --2_ of ,._j._Il:l!,'Cs <br /> <br />395-53-01-C 028 <br />