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<br />Form 6-AC~lB <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />I. This contract shall not be deemed valid until it ...hall have bl;:en approved by the Controller of the State of Colorado or such <br />assiMant as he may designate. This provision is applicable to any contract involving the paym~nt of money by the State. <br /> <br />ruND AVAILABILITY <br /> <br />2. Financial obligations of the Slate payable after the current tis.:al year arc contingent up'-ln li.mds fur that purp.l'>C ~ing appropriated. <br />budgeted and olherwi...e made :I\I:lilable. <br /> <br />BO~D REQUlRHIE1\T <br /> <br />3. If this contract involves the paymenl of more than fifty thousand dollars for the construction, erection, repair. main- <br />tenance. or improvement of any building, road. bridge. viaduct. tunnel. excavation or other public works for this State. the <br />COnlractor shall. before enter ing th~ performance of any such work included in this corttract. duly execute and deliver to and <br />file with the official whose signature appears bdow for the State, a gOlxi and sullicient bond or other acceptable surety to be <br />approved by said official in a penal sum not less than one-half orthe total amount payable by the terms of this contrac\. Such <br />bond shall be duly executed by a qualitied corporate surety. conditioned for the due and faithful performance nfthe cantr:lCl. <br />and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor. materials. team hire. <br />sustenance. provisions. provendor or other supplies u~ed or consumed by such contractor or his subcontractor in perfor- <br />mance of the work contracted to be done. the surety will pay the ...ame in an amount not exceeding the ...um specilied in the <br />bond. together with interest at the rate of eight per cent per annum. Unless such bond. when so required. i~ executed. <br />delivered and jiled. no claim in favo(Ofthe conlractor arising under this contract shall be audited. allowed or paid. A cenitied <br />or cashier's check or a bank money Mder payable to the Treasurerofthe Sta!e ofColor:Jdo may be accepted inlicu ,)fa hondo <br />This provision is in .;,)mpliance with 38-16-106 CRS. as amended. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as otherwise provided by law. iffhis COntract is in excess of one hundred tifty thousand Jullar... and require~ <br />or involves the employment of laborers or mechanics in the con~truction. alteration or repair of any building or other public <br />works (except highways. highway bridges. underpasses and highwa)' structures of all "ind~ ,)r contraCls for any purpose to <br />which Ihe state department ofhigbways or the chief engineer i~ a pany J within the geographical limits oflhe Stille. the rate of <br />wages for aJllaborers and mechanic, employed by the cootractor or any ~ubcontractl)r on the building or otha public works <br />covered under the contract ~hall not be less than the prel'ailing rate of wages for work ,)1' a similar nature mthe county. city <br />and coumy. or municipalily of the State in which the building or other public works is located. The prevailing rale of wages <br />and the re~olulion of any disputes resulting therefrom shall be as prescribed by 8_10_101 CRS. as amended <br /> <br />DISCRIMINATION AND AFFIR~IATIVE ACTION <br /> <br />5. The Contractor agrees to comply wilh the letter and spirit of the Colorado Antidiscrimination Act of 1957. a~ <br />amended. and other applicable la\o\' respecting discrimination and unfair employmelll practices (2-1-J-I..W2. CRS 1982 <br />Replacement Vo!.). and as required by Executive Order, Equal Opportunity and AfJ1ri1latil'e Action. dated April 16. 1975. <br />Pursuant thereto. the Jollml'ing pf/lI'isions shall be contained in al/ State COlllract5 or sub-cot/tracts. <br /> <br />During the perfunnallce of this contrdct, the contractor agrees as fol/ows: <br /> <br />(I) llH~ contractor will nut di~crimillate against any employee or applicant fur employment because of <br />race. Creed, color, national origin, sex, marital statu~, religion, itllCestry. mental or physical handicap, or age. <br />The Contractor will take affirmative action to insure that applicants are emploYt.'d. and that employees are <br />treated during emplo}"n;ef1t, without regard [0 the above mentiuned characteristics. Such action shall include, <br />but not be limited to the following: employment, upgrading, demotion, or tramfer, recruitment or <br />recruitment advertisings; lay-offs or terminations; rate~ of payor other f.mus of compemation; and selectioll <br />for training. including apprenticeship. The contractur agrees to pust in conspicuous places, a\"ailable to <br />employees and applicant~ for employment. notices to be provided by dIe contracting offict:r ~etting furth <br />provisions of this lIoll-disc:rimination clause. <br /> <br />(2) The contractor ",ill, in all sulicitations or advertisements for employees placed by or un hehalf of the <br />contractor, state that all qualified applicants will receive consideratiun for empluyment wifhout regard to <br />race, cn~ed, color, nationlll origin. sex, marital status, religion, ancestry, mental or phy~ical handicap, or age. <br /> <br />(3) The contractor will send to t:ach labor union or representative uf workers v.ith which he has C!lllective <br />bargaining agreement or other CUll tract or understanding, notice to be provided by the contr.lcting unicer, <br />advising the labor union or workers' representative of the contractor's commiUment under the Executive <br />Order, Equat Opportunity and Affirmative Action, dated April 16, 1975, and of th~ rules. rt:gulations. and <br />relevant Orders of the Govemor. <br /> <br />(4) The contractor and labor unions will furnish all inform:ltlon and reports required by Executive Order, <br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulatiuns and Orders of the <br />Governor, ur pursuant thereto, and will permit access to his books, rt:cords. and accounts by the contracting <br />agency and the office of the Gm'emor or his designee for purposes of investigation to ascertain compliance <br />with such rules, regulations and orders. <br /> <br />(5) A labor organizatiofl will not exclude any individual otherwise qualified from full membership rights in <br />such labor organization, or expel any such individual frum mt:mber..hip in ~lIch labor organization or <br />discriminate against any vf its members in the full enjoyment of work opportunity, because of race, cr~d, <br />color, sex, national origin, or ancestry. <br /> <br />(6) A labor organization, or the employees or members thert:of will nut aid, abet, incite, cumpel or coerce <br />the doing of any act defined in this contract to be discriminatory or olJstruct or prevent any person from <br />complying with the provi$iol1S of this contract or any order issued therellnder; or attempt, either directly or <br />indirectly. to commit any act defined ill this contructto be discriminatory. <br /> <br />395-53-01.1022 <br /> <br />page -------1- of ~ pages <br />