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<br />Form 6-AC-028 <br />CON1- lLER's APPROVAL <br /> <br />SPECIAL PROVISIO"" <br />) <br /> <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of <br />Colorado or :mch a~istanl as he may designate. This provision is applicable '0 auy contract involving the payment of <br />money by tbe State. <br /> <br />FUNO AVAILABILITY <br /> <br />2. Financial obligations of the State payable after"lhe current rlSCal year are contingent upon funds for that <br />purpose bei!lg appropriated, budgeted and other.....ise made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the payment of more than ten thousand dollars for the consuuction, erection, repair, <br />maintcnance, or improvement of any building, road, bridgc, viaduct, tunncl, cll:cavation or oIhc:r public work f~r this <br />State, the contractor shaJl, before entering upon the perfonnance of any such work: included in this contract, duly <br />ellccute and deliver to and f!le wilh the official whose signature appears below for the Slate, a good and sufficient <br />bond or other acceptable surety to be approved by said official in a penal sum not less than one-haJf of the total <br />amount payable by the terms of this conb'act. . Such bond sha duly ellccutcd by a qualified corporate surety, <br />conditioned for the due and faithful perfonnance of the c ~,(, a . JffifDdition, shall provide that if the contractor or <br />hi.S. sUbconlrllClorli fail 10 duly pay for llny la~.. '.eria ~ :~:\Ca. m .~}, sustenance., pro\lisions, provender. or olher <br />supplies used or consumed by such co~tor or h~bco~or i~".'~ rmance of the work: contracted to be done, <br />the surety will pay the same in an am~,~ nOl exc~Jtg thX.~\iW s '.. . ed in the bond, togcther with intercst at the <br />rate of eight per cen~ .. ~ UnleIS~~~ bond, (~~~n S~~lI.i. ,is ell:CCuled, deli\lered and filed, no claim in <br />ravor of the contrd.ct\tt" ,_!~ng\.~r Ihi~ c~~:~t ihal~;~~\'~~jiCU;"allowed or paid. A certifi~ or .cashier's check or a <br />bank. money order mad -iS~)'atll40 the':Tceu~t.of tjW'State of Colorado may be accepted In ICllI of a bond. <br />..-". K. \>,,,",,,,,,. . <br />":,!, ,- ~~- <br />'. , <br /> <br />vided by law, ir thi~ contruct pro\lides for the payment of more thun five Ihousaud <br />dollars and requires or i ves the employment of laborers or mechanics in the construction, alteration or repair of <br />any 'building or other public work, (except highways, hi8hway bridges, underpasses and highway structU"S of all <br />kinds) within the geogcaphicallimits of the State, the rate of wage for all laborers and mechanics employed by tbe <br />contractor or any ~ubcontractor on the building or public work covered by this contract shall be not less than the <br />prevailing rate ~f wages for work of a similar nature in the cily, town, village or otber civil subdivision of the Stale in <br />which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in <br />8-16.101, CRS 1973, as amended. <br /> <br />MINIMUM WAGE <br /> <br /> <br />D1SCRIMINA nON AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees to comply with the leeter and spirit of the Colorado Anlidiscriminalion Act of 1957, <br />as amended, and otber applicable law respecting discrimination and unfair employment practices (24-34-301, CRS <br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, <br />1975. PursuDlIltllereto, the [oUowing provisions shall be contained in 01/ SIQte contracts or sub-contracts. <br /> <br />During the perfonnance of this contract, the contractor agrees as follows: <br /> <br />(1) The contractor will not discriminate against any employee or applicant for employment because of <br />race, creed. color, national origin, sex, marital status, religion, ancestf)', mental or physi~a1 handicap, or age. <br />The contractor will take affirmative action to insure that applicants are employed, and that employees are <br />treated during employment, without regard to the above mentioned characteristics. Such aclion shall include, <br />but not be limited to the fonowing: employment, upgrading. demotion, or t,ransfer, recruitment or <br />recruitment adverlisings; lay-ocrs or lennirtations; rntes of payor other fonns of compensation; and selection <br />for training. including apprenticeship. The contractor agrees 10 post in conspicuous places, available to <br />employees and applicants for employ~ent, notices to be provided by the contracting officer seUing forth <br />pro\lisions of this non-discrimination clause. <br /> <br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the <br />contraclor, state that all qualified applicants will receive consideration for employment without regard to <br />race, creed, color, national origin, sex, marital slatus, religion, ancestry, menial or physical handicap, or age. <br /> <br />(3) The contractor will send to each labor union or represenlative of workers with which he has coUective <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 conlractor's commiltment under the Executive <br />Order, EQual Opportunity and Affirmative Action, dated Apcil16, 1975, and of the rules, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) The conlractor and labor unions will furnish all information and reports required by Executive Order, <br />Equal" Opportunity and Affmnative Action of April 16, 1975, and by the Nles, regulations and Orders of the <br />Governor, or pursuant thereto, and will pennit access 10 his books, records, and accounts by the contracting <br />agency and the office of the Governor or his designee for purposes of investiption to ascertain compliance <br />with such rules, regulations and orders. <br /> <br />(5) A labor organil.utiull Willllul "'.'idud~ allY iudividual olh~rwjs~ (Iuaiified from full membership righls ill <br />such labor organiution, 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 organiution, or the employees or memben thereof will not aid, abet, incite, compel or co~rCl' <br />the doing of any act defined in this contracl to be discriminalory or obstrucl or prevent any person frulll <br />complying with the pro'iisions of this contract or any order issued thereunder; or attempt, either din..-ctly or <br />indirectly, to commit any act defined in dlili contracl to be discriminatory. <br /> <br />page~of~pages <br />