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<br />h>fffib.,\C.02l1 <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROV AL <br /> <br />1. lhis contraci shall not be deemed valid until it ~halJ h:m~ beeB npprowd by the Controller of the Sl;l!C uf <br />Colorado or such assistant as he may designate. This provision i~ apjllkaulc tu any COlumn involving Illl..paYlllent of <br />mOiley by the Slate. <br /> <br />FUND AVAILABILITY <br /> <br />2..Financial obligations of the S"tate payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <br />. 3. .If this conlract involves the payment. of more than ten thousand dollars for the conslruclion, erection, repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, lunnel, excavation or other public work fdr this <br />Stale, the contractor shall, before entering upon the perfonnance of an)' such work included in Ihis contract, duly <br />execute and deliver to and file with the official whose signalure appears below for the Slale, 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 terms of this contract. Such bond shall be duly executed by a qualified corporate surely, <br />condi!ioned for the due and faithful perfonnance of the contract, and in addilion, shaJi provide that if the contractor or <br />his subcontractors fail to duly pay for any labor, materials, learn hire, sustenance, provisions, provender or othe!' <br />supplies ust;d or consumed by such contractor or hi~ subconlractor in pefonnance of the work contracled 10 be done, <br />the surety will 'pay lhe same in an amount not exceeding lhe sum specified in the bond, together wilh inlerest al the <br />rate of eight per cent per annum. Unless such. bond, when so required, is executed, deliveted and fiI~d, no ~Iaim in <br />favor of the contraclor arising under this contract shall be audited, allowed or paid. A cenifi~d or cashier's check or a <br />bank money order made payable to Ihe Treasurer of Ihe Stale of Colorado may be accepted in leiu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as otherwise provided by Jaw, 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 slructures of all <br />kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by t/;e <br />contra.ctor or any subcontractor on the building 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 dty, town, village or other civil subdhision of the State in <br />which the' building or other public work is located. Disputes reSIJecting prevailing rates will be resohelt as provided in <br />8-16-101, CRS 1973, as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees to cOlllply with the letter and spirit of the Colorado Antidiscrimination Act Qf 1957, <br />as amended, and other applicable la'.v respecting discrimination and unfair employment practices (24-34-301, CRS <br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affinnative Action, dated April 16, . <br />1975. Pursuant thereto, the following provisions sha// be cOll/oined in a// State contracts or sub-contracts. <br /> <br />During the performrulce of this contract, the contractor agrees as follows: <br /> <br />(I) The. contractor will not discriminate 'against any employee or applicant for employment because of <br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age <br />The contractor will take affinnative action to insure that applicants are employed. and that employees are <br />treated during employment, without regard to the above mentioned characteristics. Such action ~hall include, <br />but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or <br />re~ruitmellt advertisings; lay-offs or tenninations; rales of payor other fOf!1ls of compensation; and selection <br />for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to <br />employees and applicants for employment, notices to be provided by the contracting officer s<:Uing forth <br />provisions of this non-discrimination clause, <br />(2) The contractor 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 10 <br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental (lr physical handicap, or age. <br />{3} The contractor will send to each labor union or representative of worken; with which he has collecth'e <br />bargaining agreement or other contract or understanding, notice to be provided by the contrdcting officer, <br />advising the Jabor union or workers' representative of t.he contractor's commiltment under the Executive <br />Order, Equal Opportunity and Affinnative Action, dated April 16, 1975. and of the rules. regulations, and <br />relevant Orders of the Governor. <br />(4) The contractor and labor unions will furnish all infoTlMtion and reports re{luired by Executive Order, <br />Equal Opportunity and Affinnative Action of April 16, 1975, and by the rules, regulations and Orders of the <br />Governor, or pursuant thereto, and will pennit access to his books, records, Olnd accounts by the contracting <br />agency and the office of the Governor or his designee for pUf})oses of illvcsligation to ascertain compliance <br />with such rules, regulations and orders. <br />is) A labor organization will not exclode any individual olherwise qualified from full membership rights in <br />such labor organization. or expel any such individual from membership in such labor organization or <br />discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed. <br />color. sex, national origin, or ancestry, <br />(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce <br />the doing of any act defined in this contract to be discriminatory or obstruct or prevent any per.>on from <br />complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or <br />indirectJy, to commit any act defined in this contract to be discriminatory. <br /> <br />page-----4- of -----5- pages <br />