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<br />F<'rm6-i\C-02n <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S API'ROV Al <br /> <br />I. TIlis contract shall not be d..emed "alid until it shall have been apprOveJ hy Ihe CHulwll<:r of Ill.: $f:Jtc of <br />Coloradj) or such assistant :IS he IlI:JY designate. TIlis Ilrovision is apl'lic:lble to any cOlltracl i1n'oh'illl:( Ihl' payment of <br />mOlley by the State. <br /> <br />FUND .AYAfLABILlTY <br /> <br />2. financial oblig;ltions of the State payable a(lcr the current fiscal year are cOlltingellt lIpOll fund... fur thai <br />purpose being approprialed, budgeted and otherwise wade availablt:. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contracl involveS the payment of more Ihan len Ihousand dollars for Ihe construclion, ereclibn. repair, <br />maintenance, or improvement of any building, road, blidge, viaduct, tunnel. excavalion or other public work for this <br />State, Ihe contractor shall, before entering upon the perfonn:lIlce of any suctl work: included in Ihis contract, duly <br />execute ,Ilnd deliver to and file with Ihe official whose signature appears bclow for the State, a good and sufficient <br />bond or other acceptable surel}' to he approvcd by said official in a penal sum not less Ihan ollt~-nalf of the total <br />amount payable by the terms of Ihis contract. Such I:>ond shall be duly executed by a qualified corporate surety. <br />conditioned for !he due and faitll.ful perfonnance of the contract, and io additiop., shall provide that if the contrActor or <br />his subconlractors fail 10 duly pay for any labor, materials, team hire, suslenance, provisions, provender or other <br />supplies used or consumed by Sl1ch conlractor or his subcontractor in pefonnaj1ce of Ihe work: contracted to be done, <br />the surclY will pay the same in an amount nOI exceediIlg the sum specified in the bond, together wil~ interest at the <br />rate of eight per cent per annum. Unless such bond, when so required, is exetuled, delivered and filed, 110 claim in <br />favor of the contractor arising uJ1der this contract shall be audited, allowed or paid. A certified or cashier's check or a <br />bank: molley order made paytible to the Treasurer of the State of Colorado may be accepted in leiu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as otherwise provided by law, if tbis contract provides for the payment of morc than five thousand <br />doUars :nld requires or involves the employment of laborers or mechanics in tht- construction, alteratioll or ri.'pair of <br />any building or other public wtlrk, (except highways, highway bridges, underpasses and highway structllres of all <br />kinds) within the geographicat IJmils of the State, the .-ate of wage for alllab~rers and mechanics employed by the <br />contractor or any subcontractof on the building or public work covered by tPis contract shall be not less th30 Ihe <br />prevailios rate of wages for worl< of a similar nature in the cHy, town, village of other civil subdhision of the State in <br />which tht building or other public work is located. DisllUles respecting prevailit1g rates will be resohed liS pro\'ided in <br />8-16-)01, ens 1973, as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />s. The contr.lCIOr agrl'es hl comply with Ihe letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />as. amended, and other applicable law respecting discrimination and unfair employment practic~s (24-34--tAt, ens <br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affinnative Action, dated April 16, <br />1975. Pursuantthere/o, the follo,,'ing provisions shall be contained in all State cdntrarls Or ,Sub-contract5- <br /> <br />Puring the perfonnance of this contract, the cOrltrnctor agrees as foHo",,: <br /> <br />(I) The contractor will not discriminate against any employee or applicant for employment because of <br />race, creed, color, national origin, sex, marilal $tatus, religion, ancestry, mental or physical handicap. or age. <br />The contractor will tak~ affinnative action to insure that applicants afe employed, and that employe!:s are <br />treated during emJlloym~nt, without regard to tne above mentioned cha,a.cteristics. Such actjon shall include, <br />but not be limited to the following: employment, upgrading, dernotioll, or tr:lIIsfer, recruitment or <br />recmitment advertising;; lay-offs or terminations; rates of pay or other forms of compensation; and selection <br />for training, including IlPprenliceship. The contractor agrees to pas. in conspicuous places, Olvailable to <br />employees .and applicants for employment, notices to be pro\'ided by the contracting officer setting forth <br />provisiOll~ of this non-di~rimination clause. <br /> <br />(2) The contractor will, in all solicitations or advertisements for eml,Joyees placed by or on behalf of the <br />contractor, state that aJl qualified applicants will receive consideratior1 for employment ",ithout regard to <br />r;lee, creed, color, natiollal origin, sex, mOlrital !ltatus, religion, Olncestry. menIal or physical hanclicap, or age. <br /> <br />(3) The contractor will send to each labor union or representative of workers wilh which he has collective <br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, <br />advising the labor uniorJ or workers' representative of the contractor's commiUment under lhe Executive <br />Order, Equal OpportunHY and Affinnative Action, dated April 16, 1915, and of dIe rules, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) TIle contractor antilahor UniOIlS will furnish all infonnalion and reports required by Executive Ord"r, <br />Equal Opportunity and ,.\ffirmative Action of April 16, 1975, and by Ihe rules, regulations and OrJen; of the <br />Governor, or pursuant tl1ereto, and will pennit llccess to his books, records, and accounts by the contmcting <br />agency and the office of the Guvernor or his designee for purposes of investigation to ascertain compliance <br />with such rules, regulations and orders. <br /> <br />(5) A labor organization will not exclode any Individual olherwise qUillitied from full Ilu:mbetship rights ill <br />sllch labor org:miz::Jtion, or expel an)' such individu:d from membep;hip in such lahar organitlltiol1 or <br />discriminate against any of its members in the (ull enjoyment of work opportunity, hecause of race, creed, <br />color, sex, national origin, or ancestry. <br /> <br />(6) A labor org:lllization, or the employees or members thereof will not aid, :thet, incite, compel ur coerce <br />the doing of any act defined in this contract to be discriminalory or ()bstmct or prevent any pen;oll from <br />complying with the provJsions of this contract or any order issued then!under; Or allempt, either dirl'ctly or <br />indirectly, to commit any act defined ill this contract to be discrimiualo(Y, <br /> <br />page~of~pa&es <br />