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<br />F"rl1l 6-AC-02D <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />1. This contract shall not be decmed valid until it shall have been approved by the Controller of the Statc of <br />Colorado or such assishmt as he may designate. This provision is applicable to any contract involving the pllyment of <br />11l0llCY hy the StlltC. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State payable after the current fiscal year are contingent tlpon funds for that <br />purpose being aplJropriated, budgeted and otherwise made available. <br /> <br />1l0NO REQUIREMENT <br /> <br />3: ',If this contract involves the payment of more than ten thousand dollars for the construction, erection, repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this <br />State, the contractor shall. before entering upon the performance of any such work included in this contract, duly <br />execute and deliver to and file with the official whose signature appears 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 than one. half of the total <br />nmoum payable by the terms of this (:ontract. Such bond shall be duJy executed by a qualified corporate surety, <br />conditioned for the due and faithful perfonnance of the contract, and in addition. shall provide that if the contractor or <br />hi.~ subcontractor... fuil to duly pay for any labor. matcrials, tcam hirc, sustenance, provisions, provender or other <br />supplies used or consumed by such contractor or his subcontractor in pefonnance of the work contracted to bc done, <br />Ihe surcty will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the <br />rafe of eight per cent per annum. Unless such bond. when so required, is executed. delivered and filed, no claim in <br />favor of the conlraClOr arising under ,his contract shall be audited. allowed or paid, A cert.ified or cashier's eheck or a <br />bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of 11 bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Exccpt ;IS flthcrwi~c provided by law, jf lItis contract provides for the payment of more than five thousand <br />dollars und requires or involves the employment of laborers or mechanics in the construction, altcrlltioll or repair of <br />allY huilding or other public work, (except highwllYS, highwclY bridges, underpasses and highway structures of aU <br />kinds) within the geograj>hicallimit'l of the State, ttle rate of wage for all laborers und mechanics employed by the <br />('unlr.lclor or UIlY subconlmclor on the building or public work covered by this contract shall be not less than the <br />prcvniling rate of wnges for work of a similar nature in the city, town, village or other civil subdivision of the State ill <br />which the building or other public work is located. Dispotes respecting prev;l.Uing rates will be resolved as provided in <br />S-16-JOI, CRS 1973. as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />s. 111e contractor agrees to comply wjth the letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />1I.~ llmended, uod othcr Ilpplicable law respecting discrimination and unfair employment ptaetices (24-34-301, CRS <br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affinnative Action, dated Aj>nll6, <br />1975. Pursuant t/ten'Jo, the foUowing prol1isions shall be conJained ill 011 Slale contracts or suIJ..cOJl/rocts. <br /> <br />During the I)erfonnance of this contract, the contractor agrees as follows; <br /> <br />(I) The contractor will not discriminate against any employee or applicant for employment because of <br />ClICC, creed, color, ll<JtiOlllllllngin, sex, marital status, religion, ancestry, mental or physical handicap, or age. <br />TJJe contr<lctor will take affinnative action to insure that applicants are employed, and that ernploycCli Ute <br />trclltcd during cmployment, without regard to the above mentioned characteristics. Such action shall include, <br />but not be limited to the following: employment, upgrading, demotion, or transfer, recmitment or <br />recruitmcnt :uJvcrtisings; lay-orfs or tenninations; rates of payor other fonns of compensation; and selection <br />for' training, including apprenticeship. The contractor agrees to pc>st in conspicuous places, available to <br />employees and avplic<llIts for employment, notices to be provided by the contracting officer setting forth <br />provisions of tlds non-discrimination clause. <br /> <br />(2) The contractor will. in all solicitations or advertisements for' employees placed by or on behalf of the <br />contractor, state that aU qualified applicants will receive consideration for employment without regard to <br />race, creed, color. national origin, sex, marital status. religion, ancestIy, mental or physical handicap. or age. <br /> <br />(]) TIle contractor will send to each labor union or representative of workers widl 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 OpP(lrtunity and Affinnative Action, dated April 16, 1975, and of the rules, regulutions, <lnd <br />relevant Orders of the Governor. >, <br /> <br />(4) nle contl"detor and Illbor unions will furnish all Jofonnation and reports required by Executive Order, <br />Equal Opportunity and Affirmative Action of AprilI6~, 1975, and by the roles, regulations and Orders of the <br />Governor, Of pursullnt thereto, and will pennit access '0 his books, recordS.llnd 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 orgmlization, or expel any such individual from membership in such Jabor organization or <br />discriminate against any of its members in the full enjoyment of wolk opportunity. because of race, creed. <br />color, sex, nutional 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 directJy or <br />indirectly, to commit any act defined in this contract to be discriminatory. <br /> <br />p.agc-3........of~pages <br />