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<br />Form 6.^C.028 <br />i;.I <br />CONTROLLER'S APPROV AL <br /> <br />IClAL PROVISIONS <br /> <br />~ . S <br />~ <br /> <br />. <br /> <br />I. This contract shall nol he deemed valid until it shall have been approved by the Controller of the State of <br />Colorado or such assistant as he may de~ignate. This l>rm'ision is applicable to any contract involving the payment of <br />money by the State. <br /> <br />FUND AVAilABILITY <br /> <br />2. Financial obligations of the State paY:lble after the current fiscal year are contingent upon funds for that <br />purpose being appropriated. budgeled and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contracl involves the payment of more than ten thousand dollars for the construction, erection. repair. <br />maintenance, or improvement of any huilding, road, bridge, viaduct. tunnel. excavation or other public work for this <br />Slate. the contractor shall. before entenng upon the performance of any such work included in this contract. duly <br />execute and deliver to and file with the official whose signalUre appears below for the Slale. a good and ~ufficienl <br />bond or other acceptable surety to be approved by said official in a penal sum not less Ihan one-half of Ihe tolal <br />amount payable by the terms of this contract. Such bond !>hall be duly executed by a qualified corporate surely, <br />condilioned for the due and faithful pcrfonnance of the contract. and in addition, shall provide thai if the contractor or <br />his subcontractors fail to duly pay for any labor. materials, leam hire, sustenance, provisions, provender or other <br />supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done, <br />the surety will pay Ihe same in an amount not exceeding the sum specified in the bond, logether with interest at Ihe <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 contracl 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 Slate of Colorado may be accepled in leiu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as olherwise provided by law, if this contract provides ror the paymenl 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 rate of wage for all laborers and mechanics employed by the <br />contractor or any sohcontractor on the boilding or public work covered by this contract shall be not less than the <br />prevailing rate of wages for work of a simi"'r nature in the city. town. village or other civil subdivision of the State in <br />which the building or other public work i!o lucated. lJisputes respecting prevailing rates will be resolved as provided in <br />8.16.101. CRS 1973. as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees to comply with the leUer and ~pirit of lhe Colorado Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS <br />1973. as amended). and as required by E\.eclltiw Order. Equal Opporlunity and Affinnative Action. dated April 16. <br />1975. Pursuant thereto. the following provi.~i(JIu shaH be ('oll/oined ill 01/ State contracts or sub-coll/foClS. <br /> <br />During the perfonnance of this contract. the contractur agrees as follows: <br /> <br />(I) The contractor will nol discriminate against allY employee or applicant for employment because of <br />race, creed. color. nationalurigin. sex. marilal status. religion, ancestry. mental or physical handicap, or age. <br />The contraclor will take affinnative action to insure that applicants are employed, and that employees are <br />treated during employment. wilhout regard to the above mentioned characteristics. Such action shall include. <br />but not be limited to the following: employment. upgrading. demotion. or transfer. recruitment or <br />recruitment advertising<;: lay-offs or tenninations; rates of payor other fonns of compensation; and selection <br />for training. including ajJprenticeship. The cuntractor agrees to post in conspicuolls places, available to <br />employees and applicants for employment, notices to be prm'ided by the contracting officer setting forth <br />provisions of this non-discrimination clause. <br /> <br />(2) The contractor "ill, in all solicilations 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 to <br />race, creed, color, national origin, sex. marital status, religion, ancestry. mental or physical handicap. or age. <br /> <br />(3) The contractor will send to each labor union or representative of workers with which he has collective <br />b:lrgaining agreement Of other contract or understanding. notice to be provided by the contracting officer, <br />advising the labor union or workers' representative of the contractor's committment 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 /> <br />(4) The contractor and labor unions will furnish all infonnation and reports required 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 lhereto. and will pennit access to his books, records, and accounts by the contracting <br />agency and the office of the Governor or his designee for purposes of invesligation to ascertain compliance <br />with such rules, regulations and orders. <br /> <br />(5) A labor organization will nol exclude any individual otherwise qualified trom 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 /> <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 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 chis contract to be discriminatory. <br /> <br />395.53..Q1.C 028 <br /> <br />page~of~pages <br />