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<br />~~,-:""",.----..i.... <br /> <br />-- <br /> <br />-.- <br /> <br />---'--"'--- <br /> <br />Furm 6.1\(".1)2B <br /> <br />CONaLEWS API'ROV Al <br /> <br />SPECIAL PROVISIONS <br />. <br /> <br />I. nIb contract shall 1101 he deellled ,,;!Iid until inh~lll h;I\'e been :Ipprn\'ed by tbe Controller of th~ St:Jte flf <br />Colorado or such ;1~sisl.l1lt as he may de...i;!.llate. This llrm'hioll i... applicabk to any contract invoh'ing the payment of <br />rnOrll'y by the State. <br /> <br />FUNO AVAILABILITY <br /> <br />2, Fillandal ubligations of the Stale p"yabll' aftl'r th(' ('unent fi"c:lI YC:Jr arc cOlltillgcnt upon funds for that <br />purpose heing appropriated. budgeted amI otherwise made a\'aibblc. <br /> <br />BONO REQUlRE'IENT <br /> <br />3, If this contract involves the p:Jyment of more than ten thousand dollars for the comfruction, erection, repair. <br />maintcn<wl'e. or improvement of any huilding, ro:Jd, bridge. viadud, tunnel. c:\c:Jvation or other puhlic work for this <br />State, the contr:lctor shall, before entering upon the pcrformanee of :lny such work included in this contract, duly <br />ex.ccute and delivcr to and filc with the official whose ~ignature appc:ars helow for the State. a good and wfficient <br />bnnd or other acccptahle surety 10 be approved by said official in a pcnal sum not les:. than one-half of the lotal <br />amount payable hy the terms of this contract. Such hond :.hall be duly e:\ecuted by a qualified corporate surety, <br />conditionl'd for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or <br />his subcontractors fail to duly pay for any labor. materials, tcam hire, sustenance, provisions, provender or other <br />supplies used or consumcd by such contractor or his subcontractor in peformance of the work contracted to be done, <br />the surcty will pay thc same in an amount not e:\cecding the sum specified in the bond. together with interest at the <br />rate of eight per cent per annum, Unless such bond. whel'! so required, is e:\ecuted, delivered and filed, no claim in <br />favor of the contractor arising under this contract shall be auditcd, allowed or paid. A cenified or cashier's check or a <br />bank money order made payable to the Treasurer of the State of Colorado may be accepted in Iciu of a bond. <br /> <br />~t1NIMUM WAGE <br /> <br />4. Except as otherwise provided by I:I\\', if this contract provides for the payment of more th:m five thousand <br />dollars and requires or ilwolves the employment of laborer.; or mcchanks in the construction, alteration or repair of <br />any building or otber public work, (except highways. highw:lY bridges. underpasses :lnd highway structures of all <br />kinds) within tbe geographical limits of the State. the r:Jte uf w:lge for aJllahorers and mech:ll1ics employed by the <br />contractor or :Jny subcontr3ctor 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 Ilature in the city. town, vill:Jge or other civil subdivision of the State ill <br />which the building or other public work is located. Disputes respecting prevailing nlles will be resolved as pro\'ided in <br />H.16.101. CRS 197.1. as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. TIle contractor agrees to comply with the letler :lnd spirit of the Colorndo Antidiscrimination Act of 1957, <br />;IS amended, and other applicable law respcl.ting discrimill:ltioll and unfair employment practices (24-34.30 I, CRS <br />1973. as amended), and as required by Executive Order. Eqllal Opportunity and Affinnative Action. dat~d April 16, <br />1975. PurSllat/t thereto, the fu//owing praviJiofl!i shall be {,urltail/ed i/l all Stote ('or/tracts or sub-cOfuracts. <br /> <br />During the perfonnance of this Contract. the contractor :tgr~es as follo....'5: <br /> <br />(I) The contractor will not discrimin:ttc against an)' employee or applicant for employment because of <br />race, creed. color. national origin, SC\, marit:ll status.' religion, ancestry, mental or physical handicap. or ag~. <br />TIle contmrtor will take affirmative actiol1 to iJl.~ur.. that applicants are employed. :lnd tlwt t'll1ployecs are <br />trt':Jtcd during employment. without regard to the abo\'t, mentioned characteristics. Such action shall illclu{h.'. <br />but not be limited 10 the following: employment, upgrading, demotion, or transfer. recnlitment or <br />recndtment advertisings: lay-offs or tenninations: rates uf payor other fonns of compensation: and sekction <br />for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to <br />employees and applic:lnts for employment. notices to be prO\ided by the contracting officer setting forth <br />pro\'isiuns of this nOI1-rli:>crimination clause, <br /> <br />(2) The contractor \\ill. 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 ",ithout regard to <br />race, creed, color, national origin, sex, mllrital status, religion, ancestry, mental or physical handicap. or age. <br /> <br />(3) The contractor will send to each labor union or representative of workers ....;th which he has collective <br />bargaining agreement or other eontr3ct or understanding, notice to be provided by the contrncting officer. <br />advising the labor union or workers' representath'e of the contractor's committment under the E.xecutl\'e <br />Order, Equal Opp.ortunity 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 'Hill furnish all infonnation and reports required by Executive Order, <br />Equal Opportunity and ~ffirll1ative Action of April 16, 1975: and by the rules, regulations and Orders of the <br />Governor, or pursuant thereto. and will pennil access to his books, records, and accounts by the contracting <br />agency and the office of the Govemor or his designee for purposes of investigation to ascertain complianc~ <br />with such niles, regulations and orders. . <br /> <br />(5) A labor organir.3tion will not exclude any individual otherwise qualified from full membership rights in <br />such labor organization, or e:\pel all}' stich 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.....;1I nol 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 tbe provisions of this contract Or any order issued thereunder; or attempt, either directly or <br />indirectly, to commit any act defined in this contrnct to be discriminatory. <br /> <br />395.53.01.C 028 <br /> <br />page~ of'--A- pages <br />