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<br />h.,-r" 1, .\t \)~'l <br /> <br />:"I'j-( iu :'i.:t".;:'oi\l,,-:- <br /> <br />CONTROLLER '5 AI'I'IWV AL <br /> <br />I. nli~ contral'tl>h:lll not he dl'enll.'d v,llid until it l>hall ha,.c heen approved hy the Coni roller tlf Ihe State of <br />Colorado or such :Issisl:lnt <lS he may de~ignatc. This provi\ioll i.\ .IPplicable til allY contract involving the payment of <br />money by the State. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial ohligatiuns of the S!:lte p:lyablc after the current fiSl'lll Yl"ar are contingent upon funds for 'h;tt <br />purpose being appropriated, budgeted ,lIld utherwise m:lde ;J\'ailahll". <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contr3cl involves the pilyment of more Ihan ten Ihousand daHars for the l'onstruction, erection. rcplJir, <br />maintenance, or improvement of any building, road, bridge. viaducl, tunnel, exc:Jvation or olher public worlo fl1r this <br />Slale, Ihe contractor shall, beforc entering upon the performance of any such work included in this contract, duly <br />execute and deliver to and file with the official who_sc signature appears below for the State, a good and Isufficient <br />bond or other acceptable surely tu he approved b)' ~aid officii,ll in a penal slim 1I0r Icss than one-half of the toral <br />amount payable by Ihe term.~ of Ihis contract. Such bond shall be duly executed by a qualitled corporate surety. <br />conditioned for the due and faithful pc:rformance of rhe contract, and in addition, shall pro....ide Ihat if the contrOlctnr or <br />his subcontractors f:lil to duly pay for any labor, materials, leam hire, sustenance, provil>ions, provender or other <br />supplies used or consumed by such conlractor or his subo:ontractnr in pefonnance of the work contracted 10 be done, <br />Ihe surety will pay the same in all amOllnl not exceeding Ihe 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 claim in <br />favor of the contractur arising under Ihis contract shall be audited. allowed or paid. A ccrtified or cashier's check or a <br />bank money order made payable to the Treas.urer of Ihe Stale of Colorado Olay be accepled in leiu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as otherwise provided by law, if this contract provid~s for the p:l)'ment of more Ihan five thulls:lnd <br />dollars and re(luire~ or involves the employment of l:lllorers or mechOlnics in the construction. alteration or repair of <br />any building or oilier public work, (except highways. highway bridges, undcrpasses and highway structures of all <br />kinds) within the geogmphicallimits of Ihe Stale, Ihe rate of wage for .<III laborers and mechaJlics empluyed by Ihe <br />contractor or any subcontractor on the huilding or puhlic work covered by this contract ~hall be not le~s than the <br />prevailing rate of wages for work of a simibr natuu in the city, town, vilbge or other civil sub41ivisioll of Ihe State in <br />which the building or other public work is lucated. Disputes re~pectin~ prevailing r:Jt~s will be resolved as provided in <br />8-16-101. ens 1973, as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5, TIle contractor agrees 10 comply with the leller and spirit tlf the Colorado Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discrimin..tion and unfair cmjlloym~nl practic('s 124-34-301, CRS <br />1973. as amended), and as required by Ext'culh'e Order, Equal Opportunity .<IlId Affinnative Actiun, dated April 16, <br />1975, Pllrsl/ant/hereto, the following proll;s;o/lS JhaJl he CVI//n;,u'd ;I/nll Slate cOIl/rncts or sub-colltrat.,s.. <br /> <br />During the perfonnance of this conlract, the contr3ctur agrees as follows: <br /> <br />(1) TIle coufr3clor will not discriminate against allY emllloyee or applicant for employmenl because of <br />race, creed, color, national origin, sex, marital stalus, religion. anceslry, mental or Jlhysical handicap, or llgc, <br />The contractor will take affimlative acliun to insure that applicants are employed, and Ihat employees are <br />treate{1 during employment, without regard to the above mentioned characteristics. Such action shall include, <br />but not be limited to the following: employment, upgrading, demotion, or tmnsfer. re.:ruitment or <br />recruitmenl advertising;; lay-oHs or tenninations; rates of payor other forms of compensalion; ami selection <br />for trdining, illcluding apprenticeship. TIle contractor agrees to post in conspicllous placcs, available to <br />employers and applicants for employmenl, notices to be jlrO\ided by the contracting officer selling forth <br />provisions of this non-discrimination ~Iause, <br /> <br />(2) The contractur will, in aU solicitalions or advertisemenb for employees placed by or on behalf of the <br />contr.<lclor, slate Ihal all qualified applicants wiU receive consid~ralion for employment without regard to <br />race, creed. color, natioual origin, sex, marital status, religion, ancestry, menial or physical handicap, or age. <br /> <br />(3) The conlractor will send to each labor union or representative of workers with which he has collective <br />bargaining agreement or other contract or understanding, notice 10 be provided by Ihe contmcting officer, <br />advising the labor union or workers' representative of the contractor's commitlment under the Executive <br />Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and of the mles, regulations, .<Ind <br />relevanl Orders of the Governor. <br /> <br />(4) 1he contractor and labor uniom will furnish all infurmation and reports required by Execulh.c Order, <br />E~lual Opportunity an_d Affirmative Action of April 16, 1975, and by Ihe rules,. regulalions aud Orders of the <br />Governor, or pursuant Illerelo, and will pennit aCl'ess to his books, records, and accounts by the contracting <br />agency and the office of the Governor or his designee for purposes of investigation 10 ascertain complillnce <br />wilh such rules, regulations and orders. <br /> <br />(5) A labor organization willnol exclude any individu.<ll otherwise qualified from full membership rights in <br />such labor orgallization, or expel any such individual from memhership in such labor organization or <br />discriminale againsl any of its memhers in Ihe full enjoyment of .....urk opportunity, hecause of race, creed, <br />color, sex, national origin, or ancestry, <br /> <br />(6) A labor organization, or the employe~s or members thereof will not aid, abel, incite, compel or coerce <br />the doing of any act defined in this contmct 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, tocommit uny act defined in this contract to be discriminatory. <br /> <br />page~of ~pages <br /> <br />395.53.01.C 028 <br /> <br />" <br />