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<br />Form 6.AC.0211 <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S API'IIOV AL <br /> <br />I. TIlis contract shall not be dCt'mcd valid unlil it shall have been llPpnlved by the Controller of the State of <br />Colorado or'such assistant as he nUl}' dcsigtwle. This provision is applic:lblC" to any contract involving the payment of <br />money by the State. <br /> <br />FUND A V A'LABILlTY <br /> <br />2. Financial obligations of tht' Stute payable after the current fiscal year art' contingent upon funds fl)T that <br />purpose being approprinted, budgeted :lIld otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves Ihe payment of more than ten thousand dollars. for the construction, erection, repair, <br />maintenance, or improvement of any huilding, road. bridge, viaduct, tunnel, excavation or other public work for thi.~ <br />State, the contractor shall, before entering upon the perfonnancc of any sHch 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 Isufficient <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 />amount payable by the terms of this contract. Such bond shall be duly 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 />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 pefomiance of the work contracted to be 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 cent per annum. Unless such bond. when so required. is executed, delivered and filed. no c1aiin 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 onler made payable to the Treasurer of the State of Colorado may be' .;lccepted in leiu of a bond, <br /> <br />MINIMUM WAGE <br /> <br />4. Except as otherwise provided by law, if this contract provides for the paym thousand <br />dollars and, requires or involves the employment of laborers or mechanics in the co repair of <br />any building or other public work, (except highways, highway bridges, underpasse res of all <br />kinds) within the geographical limits of the State, the rate of wage for all laborers an ployed by the <br />contmctor or any subcontractor on the t;luilding or public work covered 's contrue ot less thUll the <br />prevailing rate of wages, for work of a similar nature in the city, town. viii ivil s ivision of the State in <br />which the building or other public work is located. Disputes res prev e resolved as provided in <br />8.16-101, CltS 1973. as amended. <br /> <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br /> <br />S. The contractor agrees to comply with the letter and spi Colorado Antidiscrimination Act of 1957, <br />as-amended, and other applicable law respecting discrimination an fair employment practices (24-34.301, CRS <br />1973. as amended), and as required by Executive Order. Equal Opportunity and Affinnative Action, dated April 16. <br />1975. Pursuant thereto, the following pTovis;o1l!. shall he i'OIl/ailled ill <<II State contracts or sub-contracts. <br /> <br />During tlie petfonnunce of this contract, the contractuI' agrees as follows: <br /> <br />(I) The cOlltractor will not discriminate against any employee or applicant for employment because of <br />race, creed, color, national origin, sex. marital status, religion, ancestry, mental or physical handicap, or age. <br />The contractor will take affirmative action to insure that applicants are employed, and that employees Ute <br />treated during employment;'without regard' to the above mentioned c.harac_r,eristics. Such. action shall include. <br />but not be limited to the following: employment, upgrading, (femoHon. or transfer, .recruitment or <br />recruitment advertisings; lay-orfs or terminations; rates of p3j'.or other fonus of compensation; and sela.'tlon <br />for training, including apprenticeship. The contmctor agre~s. to post _in conspicuous plnces, available- to <br />employees and applicanfs 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 aU solicitations 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 workers 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 Or4ers of the Governor. <br /> <br />(4) TIle contractor and lauor unions will furnish all infonuation and reports required by Executive Order. <br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the niles, regulations and Orders of the <br />Governor, or PUrsLUlIlt thereto, and will pennit 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 rutes, regulations a~d orders. <br /> <br />(5) A labor organization will not exclude any individi.13J otherwise qualified from full membership rights in <br />such labor organization, or expel any such individual from membership in Stich labor organization or <br />discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed. <br />cotor, sex, nationll;! origin, or ancestry, <br /> <br />(6) A labor organization, or the employees or members (hereof 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 directly or <br />indirectly, to commit any act defined in this contract to be discriminatory. <br /> <br />page~of~pages <br /> <br />395-53-01.C 028 <br /> <br />I <br />