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<br />'- <br /> <br />~ <br /> <br />Form6-AC-02B <br /> <br />SPECIl\L PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />\, This c6ntr~ct shall om he deemed valid umil it shull h,IVC been approved by the ConlroJler oflhe State ofColonldo or such <br />assistant as he may dcsignnte, Thi~ provision is applicublc 10 any contract involving the payment of money b~ the State, <br /> <br />F'UI\'D AVAILABILITY <br /> <br />2, Financial obligations of the Slall~ payable after the currcnlliscal year arc contingent upon funds format purpose being appropriated. <br />budgeted and otherwise made available. . <br /> <br />ROND REQUIREMENT <br /> <br />3. U'this,conlr..lct involves the P:IYIIlCI11 \)1' 11)()IY thall lifty Ihnusull(j dollars for the construction, erectlon, rCplIir, maintenance, <br />or improvement of any building, rO<ld, bridge, viilducl', tunnel, excavation or other public work for this State, the contractor shall, <br />before entering upon the performanc~ or an)' such work included in this c<mtract, duly execute and deliver to and file with the official <br />whose signature appears below for-the Slate. u good und sufficient bond or' other acceptable surety -10 be approved by said official <br />in a pe~al SUm not less than one-half of' the ul1al 111l1\H.ll1t paYilblc by the terms of Ihis -c~ntract. - Such bond shall be duly executed <br />by a qualified corporate surety. conditioned for Ihe due and faithful perfonnance of the contract, and in addition, shall provide that <br />if the contra'ctor or his subcontractors f:Jillo duly pay fOf";IOY labor, materials, t{".am hire, SUSlenance, provisions: provendor or other <br />supplies 'used or consumed by such contractor Of his subcorllfactor inper'rormance of the work conlraeled 10 be done, the surety will ( <br />pay the same in an amount not excecding the sum spcclt1ed in the bond, together with interest al the rate of eight per cent per annum. <br />Unless such bond, when so required, is executed, delivered und filed. no claim in favor of the contractor aris,iitg .under this cOlilracl <br />shall be audited, allowed or p-1id, A ccnified or l:ashier's check or a bank money order made p<!yable to the Treasurer of the State <br />of Colorado may be accepted in !eiu or a bond: <br /> <br />MINIMUM WAGE <br /> <br />4. Except <lS otherwise provided by l:l\v, if this conlr<ict provides.for the payment of more than five thousand, <br />do.llars and requires or involves the empluymen,t of laborrrs or mechanic~ in the construction, alteration or repair of <br />any building 'or other public.', work, (e:'it'cpt higllway.~, highway bridges. underpasses and highway structures of all <br />kinds) within the g~og~aphicallimits of Ihe Stllte. the rate of wagr for all laborers and-mechanics emp,loyed by the <br />c~ntractor' or any subcontra,'tor on the: building or public work covered by this contract shall be. not k~s than the <br />prevailing rate of wages for work of ;} ~iJllilar n,llure in the city, lown-, village or other civil subdivi~ion of the-Staldn <br />which the building or other puhlic work i..ln.cated. Disputes respecting prevailing rates will be resolved as provided in <br />8-16-]01, CRS 1973, as amended. <br /> <br />DISCRIMINATION ANlJ AFFlkMATIYE ACTION <br /> <br />5. The contractor agrees to-' comply with the letter and spirit of the Colorado Antidiscrimination ACI of 1957, as amended <br />and ocher applicable law re~pecting tliscriminatiotl ilnd .uufair ,;mploymcnt praCtices (24-34-402, CRS 197'~ supplement), and as <br />required by Executive Order, Equal Opportunity'and Al'linmtive Action, dated April 16, 1975. PUrsuant there(q, the foJ/owingprovi- <br />sions shall be conmined in all SWJc con/mcc" <'r s!I/l,cpnlr.lCls. <br />During the 'pe-rfonnance of this nUl/mct, the L'onfrac(or ag~ees as f~lIows: <br />(1) TIle cOlltractor will lIut disnillliJllltc :Jgain~l ,lilY employe.e or applicant for emp_loym,ent ~ecaltse of, <br />race, creed, color. nalioilal origill, Sl'\:, 11l;lri.tll] status. reli~on, ,lIncestry, mental or physical handicap, or age.. <br />The contractor:will take ?ffjrnwtive <lction to insure that applic'ants are employed, and that.employees are <br />.treated during employment, without rt'garJ.fi) the nbove mentioned characteristics, Such action'shalt"indude, <br />but [lot. he limited to the follo\;Villg:' cmployment, upgrading, dem(;tion, or transfer, re-cruitment or: <br />recruitment advertising.~: I:ly.oft's Ut' terminations': rales of pa'y Of otlier fom)s of conipensation; ~n,d selectioJ;! <br />for training. including 'apprl.'llticL'shill, ThL' '~'olltradllr agrt'l'S tll 'post in conspicuous placrs, available to <br />employees and ap'plicallt.~ for l'lllllloymcnt.' notices to he provided by the contracting officer setting forth <br />provisiolls of this tHJ1\-tliscriminalioll r1;lUSC, <br /> <br />(2) TIle conlr<lclor will, in ;t11 solicilations or advertise-mellts for employees placed by or on behalf of the <br />contractor, state Ilwt all qu,t1ili<:d :t\lplic;.l'llts will receive consideration for employmenf without regard to <br />race, creed. color, national origin, sc.\, m(lritnl s.tatus:religion, ancestry, mental or physical handicap, or-3ge. <br /> <br />(3) 1l1e contractor will-.Sl'lltl {,I l'a.:h hllwr ullioll ur,rellresentative of workers with which he has collective <br />bargaining agreement or. other cllntracl or understanding; llotice 10 be provided by the- contracting officer, <br />advising the labor union or workcr.... n'prc~lltative of the contractor's committment under the Executiye <br />Order, Equal Opp'ortllliity and Affirml.ltivc.Aclion, 'dated April 16, 1975, and of the rules, re'gulations, and <br />relevant Orders of the GO\'<,nlor, <br /> <br />. . <br />. . <br />(4) TIle contractor and labor unions will fUOlish aH information and reports'required by Executive Order, <br />Equal Opportunity and AffirmaliVl: Action of April 16, 1975. and by the rules, regu'lalions and Orders of the <br />Governor, or pursuant thereto. ,lI1d will permit access to his books. record.s, and accounts' by the contracting <br />agency and the office of the GI)\"ernor or his designee for purposes of investigation to ascertain compliance <br />with such rules, regulations and onk:rs: . . <br /> <br />(5) A labor organization will not exclude any individual otherwise qualified from full membe~hip rights in <br />such labor organization, or expel any such individu;li from member.;hip in such labor organization or <br />discriminate against any of'its members in the full enj~yment 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 wiB not aid, abet, incite, comp~1 or coerce <br />the doing of.any acl detilled in this C(llltr:ICt to' be discriminatory or obstmct or prevent any person from <br />complying with the provisiulls ~lr this cuntract or any order il;sued thereunder; or attempt, either directly or <br />indirectly ,'to commit any act defi'ned ill th~s:contract ,to be discriminatory, <br />. . <br /> <br />395-53..{11.1022 <br /> <br />. . 3 4 <br />page_or_pages <br /> <br />" <br />