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<br />Form 6.AC.(J2B <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROV AL <br /> <br />I. This contract shall not be deemed v;llid until it shall have been approved by the Controller of the State of <br />Colorado or such assistant as he may de~igllate. This provision i~ applicable to any contract involving th~ payment of <br />money by the State. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State p;IYi.lble after rhe current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted and otherwise mnde avail:.lble. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the paymcnt of more than ten thousand dollars for Ihe construction, erection. repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excilvation or olher public work for this <br />Slate, the contractor shall. hefore entering upon the performance of any such work included in this contract. duly <br />execule and deliver to and file with the official whose signature appears below for the State, a good and sufficient <br />bond or other acceptable surely to be approved by said official in a penal sum no! less than one-half of the total <br />amount payable by the terms of this contrac!. Such bond shall be duly executed by a qualified corporate surety. <br />conditioned 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, team hire, sustenance, provisions, provender or other <br />supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to ~ done, <br />the surety will pay the same in an amount not exceeding the sum. specified in the bond, together with interest at the <br />rate of eight per cen! per annum. Unless such bond, when so required, is ex.ecuted, delivered and filed, no claim in <br />favor of the contractor arising under this contract 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 State of enlorado may be aCl:epted in leiu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as otherwise provided by law, if this contract provides for 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 Ihe geographical limits of the State. the rate of wage for aJllaborers and mechanics employed by the <br />contractor or :my subcontractor on the building or public work covered by this contract shall be not less than the <br />prevailing rate of wage~ for work of a similar nalure in the city, town, village or other civil subdivision of the Slate in <br />which the building or other puh]ic work is ]nc<lted. Disputes 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 \\.1th the letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discrimination and unfair employment practices (:!4-3-1-4Q;l. CRS <br />1973, as amended), and as required by Executive Order. Equal Opportunity and Affinnative Action. dated April ]6, <br />1975. Pursuant thereto, the following pro"L~i()Il.~ .~hail he cVlllained ill all State contract.~ or su~conlm('(s. <br /> <br />During the performance of this contract. the contractur agrees as follows: <br /> <br />(I) The contractor will not discriminate againsl allY employee or applicant for employment becallse of <br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap. or age. <br />The contractor will take affimlative action to insure that applicants are employed. and Ih<lt employees are <br />treated during employment, without regard to the above mentioned cllaracleristics. Such action shall include, <br />but not be Jimiled to the following: employment. upgrading, demotion, or transfer, recruitment or <br />recruitment advertisings; lay-offs or tenninations; rates of payor other forms of compensation; and selection <br />for training, including apprenticeship. The contractor agrees to post in conspicuous places, available 10 <br />employees and applicants for employment, notices to be provided by the contracting officer setting forth <br />provisions of this non-discrimination clause. <br /> <br />(2) The contractor will, in all solicitalions 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 worke~ with which he has collective <br />bargaining agreement or 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 information and reports required by Executive Order, <br />Equal Opportunity and Affinnative Action of April 16, 1975, and by the rules, regulations and Orders of the <br />Governor, or pU~llant 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 orde~. <br /> <br />(5) A labor organization will not exclude any individual otherwise qualified (rom 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 pr.ovisions of this contract or any order issued thereunder; or attempt, either directly or <br />indirectly, to commit any act defined ih this contract to be discriminatory. <br /> <br />395-5J.Ol-C 028 <br /> <br />page~ of ~pages <br />