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<br />.'urtlib-AC~lB <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLl.ER'S APPROVAL <br /> <br />I. This contract shall not be deemed valid unlll it shalt have been approved by the Controller of the State of Color<tdo or such <br />assistant as he may designate. This provision is applicable to any contract involving the paymcnt of Illoney by the Stale. <br /> <br />Io"11ND AVAILABILITY <br /> <br />2. FirlaIlCial oblig.llions ofllk Slate IXlY<lble <ltier the currentli:>eal year <Ire conlingent upon lilndS for lhal PUfJXlsc hcing appropri<llcd. <br />budgelL'ti and otherwi~ nl<lde available. <br /> <br />BOND REQUIREMENT <br /> <br />]. Ifthis contrael involves the payment of more than fifty thousand dollars for the conslruction, erection. rcpllir. main- <br />lenanee, or improvement of any building. road, bridge. viaduct. tunnel, excavalion or other public works for this Stilte, the <br />contractor shall, before enter ing the performance of any such work included in this contract. duly execute and dellver to and <br />file with the official whose signature appears below for the State, a good and sufficient bond or other ;lcceptable surety to be <br />approved by said ollicial in a penal sum not less than one-half of the Cota] amount payable by the terms nfthis cOlllract. Such <br />bond shall be duly executed by a qualiJ1ed corporate surety, conditioned for Ihe due and faithful performance of the contfllcl. <br />and in addition, shall provide that ift!1e contractor or his subcontractors fail to duly pay for any labor. materials. (eam hire. <br />sustenance, provisions, provendor or Other .'>upplies used or consumed by such contraclor or his subcontractor in perfor- <br />mance of the work contracted (0 be done, the ,)urety will pay the same in an amount nol exceeding the sum specilled in the <br />bond, together with interest at the rate of eight per ceill per annum. Unless such bond. when so required. is executed. <br />delivered and filed. no claim in favor of the contractor arising under this COntract shall be audiled. allowed or paid. A cenilicd <br />or cashier's check or a bank money order payable to the Treasurer of the State of Colorado molY be accepted in lieu (Jf a bond. <br />This provision is in compliance wilh ]8-26- 106 CRS. as amended. <br /> <br />1 WAGE <br /> <br />4. Except asotherw] 'ided by law, if this contract is in excess of one hundred _. sand dollars and requires <br />or involves the employment of laborers { , anics in the construction. alt or repair of any building or other public <br />works (except highways, highway bridges. underpass ructures of all kinds or COlllracts It)!" any purpose to <br />which the state department of highways or the chi er is a pa . hin the geographical limits of the Stale. the rale of <br />wages for all Il.lborers and mechanics ed by the contractor or any subcon on the building or other public works <br />covered under the contr ' not be less than the prevailing rale of wages for work of as] '!lure iUthe county. city <br />and Count meipality of the State in which the building or other public works is locilled, The preval . e of wages <br />e resolution of any dispules resulting therefrom shall be as prescribed by 8-]6-10] CRS. as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />'. <br /> <br />5. The contractor agrees to comply with the leller and :;pirit of the Colorado Antidiscrimination ACI d 1957, as <br />amended, and other applicable law respecting discrimination and unfair employment prac(ices (24-34-402. C~S 1982 <br />Replacement Vo!.). and as required by Executive Order. Equal Opportunity and Anirmalive Action. dated April ]6. 1975. <br />PUrs4ant thereto, the following prol'isiol/s shall be cOlltained in all State colI/raets or sub-contracts. <br /> <br />During the perfonnance of this coutmct, the contractor agrees a... follows; <br /> <br />(l) TIIt~ ClJlltraetur will 1I0t discriminate against any employee or appli~ant for employment hl;"Callse uf <br />race, creed, color, national origin. .'>eX, marita.! status, religion, ancestry, menta.! or physical handicap, or age. <br />The contractor will take affirmati\'e action to insure that applicants are employed, and that employees are <br />treated during employment, without regard to the above melttiulled characte-ristics. Such actiulI shall include, <br />but not be limited to the following: employment, upgrading. demotion, or trdllsfer, recmitmcnt or <br />recruitment advertising.:; lay.offs or tenllinations; rates of payor other fonns uf compensation; and selection <br />for training, including apprenticeship. The contractor agrees to pust in conspicuous places. available to <br />employees and applicants for employment, notice$ to be provided by the contracting ofllcer setting forth <br />provisions of this non-discrimination clause. <br /> <br />(2) The contractor will. in all solicitations or advertisements for employees placed by or 011 behalf of the <br />contractor, state that all (Iualified applicants will receive consideration for employment without regard to <br />race, creed, color, national origin, sex, marita.! status, religioll, ancestry, melltal or physical handicap, or age. <br /> <br />(3) The contractor will send to each labor unionlU representative of worl<.er.; ,,':ith whit'h he has collective <br />bargaining agreement or other contract or under.;taluling, notice to be provided by the contmcting officer, <br />advising the labor union or workers' representative of the contractor's cOlmniltment under the !:.xecuth'e <br />Order, Equal Opportunity and Affinnative Action, dated April 16. 1975, and of the mles, regulations, and <br />relevant Orders of the Govemor. <br /> <br />(4) TIte conlmctor and labor unions will fumish all information and reports required by Executive Order. <br />EquaJ Opportunity and Affirmative Action of April 16, 1975, and by the mks. regulations and Orders l)f the <br />Governor, or pursuant thereto. and will penllit access to his books, records, lind accounts by thl;' clJlltracting <br />agency and the office of the Govcnwr or his designee for PUIlIOSCS of investigation to ascertain cOtnpliance <br />with such rules, regulations and order.;. <br /> <br />(5) A labor organization WiJIllot exclude allY indhidual othen..ise 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 /> <br />(6) A labor organization, or the employees or memhers thereof will not aid, abet, incite, compd or coerce <br />the doing of any act defined in this contract to be discriminatory or obstnlct or prevent any person from <br />complying with the provisions of this contract or any order hsued thereunder; or attempt, either din:c!ly or <br />indirectly, to commit any act defined in this contract to be di...criminatory. <br /> <br />395.53.{ll.l022 <br /> <br />page---1- of ~ pages <br />