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<br />form 6.AC.02B <br /> <br />SPECI~L PROVISIONS <br /> <br />CONTROLlER'S API'ROV AL <br /> <br />I. This contract shall not he deemed valid until il shall ha\'e been appro\'ed by the Controller of the State of <br />Colorado or Slit'll assistant as he Illay de~igllate, This prtl\'i~ioJl i~ applicahle 10 auy conlracl involving the payment of <br />Illoney by the St<lte. <br /> <br />FUND AVAILAUlLlTY <br /> <br />2. Financial ohligaliuns of Ihe State payable after the CUrn.'lll fisl.:al year :lfe contingenl upon funds for Ihat <br />purpose being appropriated, budgeted aud otherwise made availahle. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involvcs the paymenl of more than ten thousand dollars for the conslruction, erection," repair, <br />maintenance, or improvement of any huilding, road, bridge, viaduct, tunnel, excavation or other public work for this <br />State, the contractor shall, before enlering upon the perfonnance of any such work included in Ihis conlract, duly <br />execute and deliver to and file with the official whose signature appcars below for the State, a good and 'sufficient <br />bond or other acceptable surety to be approved by said official in a penal sum not less Ihan one-half of the IOlal <br />amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surely, <br />conditioned for the due and faithful perfonnance of the contract, and in addition, shall provide that if lhe conlractor or <br />his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other <br />supplies used or consumed by such contractor or his subcontractor in pefonnance of the work contracted to be done, <br />lhe surely will pay the same in an amount not exceeding Ihe sum specified in the bond, IOgelher with interest at the <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 cantral'l shall be audited, allowed or paid, A certified or cashier's check or a <br />banK money order made payable 10 the Treasurer of the Slale of Colorado may be accepted in leiu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as otherwise provided by law, if Ihi~ cunlract prnvides for the payment of more thlln five thousllnd <br />dollars and requires or involves Ihe 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 alllahtlrers and mechanics employed by the <br />contractnr ur any subcontractor on the building or public work covcred by this contract shall be nul less than Ihe <br />prevailing rate of wages for work of a similar nature in the CilY, town, village or other civil subdivision of the Slate in <br />which the building ur other public work is located, Disputes respecting prevailing rales will be resolved as pro\'ided in <br />8.16.101, CRS 1973, as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5, TIle contractor agrees to cOlllply with the tetter and spirit of the ColorJdo 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 ExecUlive Order, Equal OpportlluilY and Affinnalive Action, dated April 16, <br />1975. Pursuanl rhnelO, Ihl! j"o/Jow;ng provisiulI.\" ~ha/J be ('Imlwi'l'd jll (III Statl! ('Uf/tracts or SIIIH'Of/lr(lcts. <br /> <br />During the perfomlance of this contract, the contr.lclur :Igrees as folluws: <br /> <br />(I) The contractor will not discriminate against :lIIY employee or applicant for employment becau'ie of <br />race, creed, color, national origin, SCX, marital stalus, religion, aucestry, mental or physical handicap, or age, <br />The contractor will take affirmative action to insure Ihat applicants are employed, and that employees are <br />treated during employment, without regard to the above mentioned characteristics. Such action shall include, <br />but not be limited to the following: empluymelll, upgrading, demotion, or transfer, recmilmellt or <br />recruitment advertising;; lay-offs or temlinations: rates of payor other fonns of compensation; and selection <br />for training, including apprenticeship, The contractor agrees to post in cOllspicuous places, availabll' to <br />employees and applicants for employment, notices to be provided by the contracting officer setling forth <br />provisiuns of thi~ non.discrimination clause, <br /> <br />(2) 1111.' contractor ....ill, in all solicifations or advertisements for employees placed by or 011 behalf of the <br />contraclor, state that all qualified applicants will receive consideration for employment without regard to <br />race, creed, color, Jlational urigin, sex, marital status, religion, ancestry, mental or physical handicap, or age, <br /> <br />(3) The contractor will selld to each labor unioll or representati,'e of workers wilh which he has collective <br />bargaining agreement or other contract or understanding, nOlice to be provided by the contracting officer, <br />advising the labor union or workers' representative of the 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 /> <br />(4) The contraclor and labor unions will furnish all infonnation and rellorts required by Executive Order, <br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of Ihe <br />Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting <br />agency and the office of the Governor 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 exclude any individual otherwise 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 members thereof will not aid, abet, incite, compel or coerce <br />the doing of any act defined in this contract (0 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 />indireclly, to commit allY act defined in this contract to be discriminatory, <br /> <br />395.53.01.C028 <br /> <br />page~o( ~pages <br />