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<br />Form 6-AC.02B <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROV AL <br /> <br />1. This contract shall not be deemed v:'Ilid until it shall have becll approved by the ,Con-troller of th~ State of <br />. Colorado or such assistant as he may designate. This provision i.~ applicable to allY contract involving the payment of <br />. money by tlle' State. <br /> <br />FUND A V AILABILlTY <br /> <br />2. Financial obligation's of the State p:lyable after the current fiscal yellr are contingent upon funds for that <br />. purpose being appropriated,-budgeted and otherwise:made available. ' <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the payment of more than ten' thousand dolla(s 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 sucl1 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 ter~s 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 additiofl, shall provide that if the contractor or <br />his subcontractors faii 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 peformaflce of the work contracted to be done. <br />the surety will pay' the same in an amount not exceeding the sum specifieq in the bond, together with interest at the <br />rate of eight per cent per annurtl..Unless such bond, when so required, is executed, delivered and filed, no claim in <br />faver 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 Jeiu of a bond.. <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 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 mte of wage for alllab~rers and mechanics employed by the <br />contractor or any subcontractor on the building or public work- covered by t)1is contract shall be not less than the <br />prevailing rate of wages for work of a simil:lr nature in the city, town, village or other civil subdivision of the State in <br />which the building or other put-Jlic work is located. Disputes respecting prevailing rates will be resolved as provided in <br />8-16-101. CRS 1973, as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br />5. ll1e contractor agrees CO comply with the leUer and spirit of the Col(lrado Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting cli..crimination and unfair en1ployment practices (24-34-301. CRS <br />1973, as amended), and as required by Executive Order. Equal Opportunity al1d Affirmative Action. dated April 16, <br />1975. Pursuant thereto, the-fo//owing provisiuns shall be contained ill all Stale clmtracls or sub-contracts. <br />During the performance of this contract. the contract<;r agrees as follow'S: <br />(I) The contractor will not discriminate against any employee or applicant (or employment because of <br />rac'e, creed, color, national origin, sex. marital status, religion, ancestry, mental or physical handicap, or age. <br />The contractor will tak.e affinnative action to insure that applicants are employed, and that employees are <br />treated during employment, without regard to the above mentioned ch<lracteristics, 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: rate,~ of payor other fonns of compensation; and selection <br />for training, including apP,renticeship. The contractor agrees to pO.'1t in conspicuous places, available to <br />employees and applic~nts for employment, notices to be provided-by' the contracting offi~er setting forth <br />provision~ of this nOll-discrimination clause. <br />(2) TIle contractor will, in all solicitatiori.~ or.advertisements for employees placed by or on behalf o( the <br />contractor, state that ;tll qualified applicants will receive consideration (or employment without regard to <br />race, creed, color, national origin, sex, marital status, religion. ancestry, menial or' physical handicap, or age. <br />(3) The c'oniractor 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 b~ provided by the contracting officer, <br />advising the labor union or workers' 'representative of the contracto('S commitlment 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 /> <br />(4) The contractor and labor unions will furnish all information ano reports required by Executive Order, <br />Equal Opportunity and Affirmative Action of April 16, 1975, and by t)1e 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 /> <br />(5) A labor organization ""ill not exclude any individual otherwise qualified trom full membership rights in <br />such labor organizatiorl.. or. expeJ any such indivi'dual from membership in such labor organization or <br />discriminate against any of its me.mbers in the full enjoyment of wor\(. opportunity, because' of race, creed, <br />color, sex, national origin, or ancestry. <br /> <br />(6) A labor organization. or the employees or members thereof will not aid, abet, incite, compel or cl,lerce <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 /> <br />page---1- of ~ pages <br /> <br />39S.S3-01-C 028 <br />