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<br />. Forni 6.AC.(J2U <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br />I. This contrllct shall not be deemed valid until it shall have been lIpproved by the ControHer of tbe State of <br />Colorado or such llssistant liS he may de!<oigll<lte. TIlis provisioll i,~ upplicabl~ to llJIY contract involving th~, paYl11~nt of <br />money by the State. <br /> <br />FUND AV AILABILlTY <br />2, fimlllCill1 obliglltions of the Sllllc payable <lfler the current fiscal yellr arc contingent upon funds for that <br />purpose being app(()priated, budgeted and ot~erwise made available. <br /> <br />BOND 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, tbe contractor shall, before entering upon the performance of any such work included in Ihis contract, duly <br />execute and deliver to and file with the official whose signature appears below for the State, a good and IsufficienC <br />bond or other acceptable surety to be approved by said official in a penal sum not less man 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 performance 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 pefonnance of Ihe work contracted to be done, <br />the surety will pay the same in an amount not exceeding the sum spccificd in the bond, together with interest at the <br />rate of eight per cent per annum. Unless such bond, when so required, is execuled, delivered and filed, no claim in <br />favor of the contractor arising under this contract shall be audited, allowed or paid, A certified or cashicr's check or a <br />bank money order made payable to lhe Treasurer of the Stale of Colorado may be accepted in leiu of a bond, <br /> <br />MINIMUM WAGE <br /> <br />4. Except as otherwise provided by law, if this contract provides for the payment of more ahan five thousand <br />dollars and requires or involves the employment of laborers or mechanics in the constrllction, alteration or repair of <br />any building or other public work, (except highways, highway bridges, onderpasses and highway structures of ~dl <br />kinds) within the geographical limits of the State, the rate of wage for alllabarers and mechanics employed by the <br />contractor or any subcontractor on Ihe building or public work covered by this contract shall be nolless than tlte <br />prevailing rate of wages for work of a similar nature in the city, lown, ,:iIIage or other civil subdivision of the Stale in <br />which the building or other public work is located. Dispures respecting prevailing r.tles will be resolved as 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 tIle letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />as amended. and other applicable law,rcspecting discrimination and unfair cml)loyment practices (24-34-301, CRS <br />1973, as amended), and as required by Executive Order. Equal OPI)ortunity and Affinnative Action, dated April 16. <br />1975. Pursuant thereto, the followillg Pfovisitms shall be {"o"taini'd ill all State cUfltracts or sub-contructs. <br /> <br />During the perfonnance of thi~ contract, the contractor agrees as follows; <br /> <br />(I) The contractor will nof discriminate against any emplo}'ce or applicant for employment because of <br />race, creed, color. national o~~in. sex, marital status, religion, ancestry, mental or physical handicap, or age. <br />TIle contractor will take affinjJ.utive action to imure that applicants are employed, and that employees are <br />treated durin~ employment. ~tbout regard to the above mentioned characteristics. Such action shall include, <br />but not be limited to the following: employment, upgrading, demotion, or tr.lllsfer, recruitment or <br />recruitment advertising;;; lay-offs or tenninations; rates of p:ly or other fonns of compensation; and selection <br />for trdining, including appreri'ticeship. The contractor agrees to post in cunspicuous places, available to <br />employees and applicants for."employment, notices to be provided by the contracting officer setting forth <br />provisions of this nOIl.diSCrimil~ation clause. <br /> <br />(2) Tlle contractor will, in ~I solicitations or advertisell~elltll for empluyees placed by or on behalf of the <br />contractor, state that all qualjfied applicants will receive consideration for employment without regard to <br />race, creed, color, national ori,~n, sex, marital status, religion, ancestry, mental or physical handicap, or age. <br /> <br />(3) l11e contractor will senq,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 wprkers' representative of the contractor's commiUment under the Executive <br />Order" Equal Opportunity an4 Affinnative Action, dated April 16, 1975, and of the rules, regulations, and <br />relevant Orders of the Govemo~'. <br /> <br />(4) The contractor and labot unions will furnish all information and reports required by Executive Order, <br />Equal Opportunity and Affirm'~tive Action of April 16, 1975, and by tbe rules, regulations and Orders of the <br />Govemor, or pursuant 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 rules, regulations and orders. <br /> <br />(5) A labor organization will not exclude any indiVidual otherwise qualified from full membership ri~ts in <br />such labor organization, 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 organization, or/the employees or members thereof will not aid, abet, incite, compeJ 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 .ny order issued thereunder; or attempt, either direcdy or <br />'indirectly, to commit any act defined in thisconttllCt to be discriminatory. <br /> <br />395-53-01-<:028 <br /> <br />page~ o{-L pages <br /> <br />,.~ <br /> <br /> <br />