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<br />Form 6-AC-028 <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <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 such assistant Wli he may designate. Thi!l. provision is applicable to an)' contract involving the payment of <br />money by the State. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State payable after the current fiSCal year are contingent upon funds for thai <br />purpose being appropriated, budgeted and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the payment of more lhan len lhousand 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 contraclor shall, before eOlering upon the perfonnance of any such work included in this contract, duly <br />execute .and deliver to and file wilh the official whosc si!l:nature appcarlri below {or the Stale, a good and sufficient <br />bond or olher acceptable surety Co be approved by said official in a penal sum nol less than one-half of the total <br />amount payable by the terms of this contract. Such bond shall be duly ex.ecuted by Ill:lualified colpOfalc surety, <br />conditioned for the due and faithful pcrfonnance of Ihe contract, and in lUldition, shall provide that if the contractor or <br />hili liulx:ontraelol'li fail 10 duly pay for any labor, materials, team hire, liuslenanCC, provisions, provcnder or olher <br />supplies used or consumed by such contractor or his subcontractor in pefonnance of the work contracted 10 be done, <br />Ihe surety will pay the same in an amount not ex.ceeding the sum specified in the bond, together with interesl 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 thc conlraclor arising under Ihis contract shall 00 lIUrJilOO. allowed or paid. A certified or ca!thier's check. or a <br />bank money order made payable to the Treasurer of the Slale of Colorado may be accepled in leiu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as olherwilrie provided by law, if this contract provide!> Cor the payment of more than fi\le dU,lus::md <br />dollars and requires or in\lolves the employment of laborers or mechanics in the construction, alteration or repair of <br />any building or other public work, (except highways, hig.hway bridges, underpaSSes and highway strudures of aU <br />kinds) within the geographical limits of the Slate, the rate of wage for all laborers and mechanicli employed by the <br />contrActor or any liubcontrolclor on the building or public work covered by this conlract shall be nol leSli than the <br />prevailing rate of wages Cor work of a similar nature in the cilY, town, village or other civil subdivision of rhe State in <br />which the building or other public work is located. Disputes respecting prevailing rates will be resolved liS provided in <br />8.16-101. CRS 1973, as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />liS amended, and other applicable law respecting diliCrimination and unfair employment practices (2~3~30I, CRS <br />1973, as amended), and as required by Execuli\le Order, EquaJ Opportunity and Mfinnative Action, dated April 16, <br />1975. Pursuanr therew. the luUowing provisiollS shall be corltained ill all State cuntracts fJr SUb-conlracts. <br /> <br />During the perfonnance of this contract, the contmctor agrees as follows: <br /> <br />(I) The contractor will flot diliCriminate against any employee or applicant for employment because of <br />rolCC, creed, color, national origin, liCX, maritallitalUli, religion, ancClilry, mental or physical handicap, or age. <br />The contraclor will take affirmative action to insure that applicants are employed, and that employees are <br />treated during employment, without regard to die above mentioned characterilriticli. Such action lihllll include. <br />but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or <br />recruitment advertisings; lay-oCfli or lenninationli; rates oC payor odler fortnli of compensation; and selection <br />Cor training, including apprenticeship. The contractor agrees 10 post in conspicuous places, available to <br />employees and applicants for employment, notices to be provided by Ihe contracting officer setting Corth <br />provisions of this non-discrimination clause. <br /> <br />(2) The contractor will, in all solicitations or adverlisements for employees placed by or on behalf of the <br />contmclor, state that all qualified applicants will receive consideration for employment without regard to <br />race, creed, color. national origin, sex, marital slatus, religion, ancestry, mentaJ or phYliical handicap, or age_ <br /> <br />(3) The contractor will send to each labor unioll or representative oC workers wid, 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 tbe contractor's committment under the Executive <br />Order, Equal Opportunity and Affinnative AClion, dated April 16, 1975, and of the mJes, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) The contmctor and labor unions will furnish all information and reports required by Executive Order, <br />El:Iual Opportunity and Affinnative Action of Aprlll6, 1975, and by the rules, regulations and Orden of the, <br />Governor, o;pursuant thereto, and will pennit access to his books, records, Dnd accounts by the contracting <br />agency and the office of the Governor or his designee for purposes of investigation 10 ascertain compliance <br />with sucb rules, regulalions and orders, . <br />'.... <br />(5) A labor organization will not exclude any individual otherwise qualified Crom full membenJiip ,rights,in <br />such labor organization, or expel any such individual from membership in such labor organization or <br />discriminate against any oC its members in the full enjoyment of work opportunity I because of rac~. 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 dWnS of any act dermed 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 apt defined in this controiCt to be discriminatory. <br /> <br />page~ of...2- pages <br />