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<br />Form 6.,\C.U21l <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROV AL <br /> <br />I This cuntract shall nllt be dl'ellled valid until it ..hall h;!\'<' been llppron'll by the Coutroller of the State of <br />Colorado or such assistant as he may de~ignate. Thi~ pn.lYisioll i~ ;Ipplic;lhle III all}' contra..:t inyolving the payment of <br />money by the State. <br /> <br />FUND AVAILABILITY <br /> <br />2. financial obligatiolls of the State payable after the current fiscal year arc confingent UpOIl fonds for that <br />purpose being approllriated, bud!:lct\'d lllld otherwise made ,mlilable. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involV!:s the payment of more than ten thousand dollars for the construction, erection, repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excilvation or other public work for this <br />State, the contractor shaJl, befort entering upon the performance of any such work included in this contract, duly <br />execute and deliver to and file with the official whose signature appears below for Ihe State, a good and 'sufficient <br />bond or other acceptable surety 10 be approved by ..aid official in a penal su(11 not less than one-half of the tolal <br />amount payablt: by the terms of this contract. Such bond shall be duly executed by a qualified corporale surety, <br />conditioned for lhc due and faithflll performance of the contract, and in addition, shall provide thai if the conlra.:tor or <br />his subcontractors fail to duly pay for any labor, materials, team hire, sustenallce, provisions, provender or other <br />supplies used or consumed by such contractor or his subcontraclor in pefonnancc of the work contra.:ted to be done, <br />the surety will pay the same in all amount not exceeding the sum specified in the bond, together wilh inlerest at the <br />rate of eight per celli per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in <br />favor of the COntractor arising under Ihis contract shall be audited, allowed or paid. A certified or ca~hier'~ check or a <br />bank money order made payable 10 lhe Treasurer of the State of Colorado mOl)' ve accepled in leiu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. Except as olherwise prm'ided by law, if this contract prm-ides for lhe paymenl of more lhan five thousand <br />dollars and requires or involves the employment of laborers or lllechanic~ in the construction, alleratiulI or rt"pair of <br />any building or olher public work, (except highways, highway bridges, underpjlsse~ and highway structures of all <br />kinds) within the geographicallin1its of the State, the rate of wage for alllabtlrt'r~ and mechanics employed by the <br />contractor or any subcontractor on the building or public work covered by this contract shall be nol le~s than the <br />prevailing rate of wages for work of a similar nature in the city, lown, village or uther civil subdivision of the State in <br />which the building or other publi~ work is located. Disputes respecling I)revailing rales will be resolved as provided in <br />8-16-101, CRS 1973, a~ amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees to comply with the leller and ~pirit of II,e Colorado Anlidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discrimination and unfair employment practices (24-.34.301, CRS <br />1973, as amended), and as relluired by E\ecutive Order, Equal Opportunity and Affinnarive AClion, dated April 16, <br />1975. Pursuant thereto, the following prOl'i~illflS !illaJl be /,olllaifled;1/ a/J Slale cunfTacts ur sub-contrllcts. <br /> <br />During lite perfonnance of Ihis cuntr.lct. the contractur agrees as fullows: <br /> <br />(I) nle contractor will not discriminate against any employee or apl,licant for employment because of <br />mce, creed, color, nation:u origin, !>eX, marital status, religion, ancestry, lnental tlf physical handicap, or age. <br />The contractor will take affinnative action to insure that applicant!. are employed, and that employee.~ are <br />treated duringemploymerlt, without regard to the abo\'C mentioned charatteristics. Such actiun shall include. <br />but not be limited to the following: employment, upgrading, demtltion, or tran!>fer, recruitment or <br />recruitmenl advertisings; lay-offs or terminations; rates (If payor tllher fonm of cOll1pemation; and selection <br />for trdining, including alJprenticeship. The contr:Jctor agrees to posl in conspicuous 1,laces. available to <br />employees and applicants for employment, notices to be provided by tile contracting officer setting forth <br />provisions of this non-discrimination clause. <br /> <br />(2) llle contractor will, in all solicitations or advertisements fur empltlyees placed by or on behalf of the <br />contractor, state that all qualified applicants will receive consideration for employ men I without regard to <br />race, creed, color, national origin, sex, marital status, religion, ancestry, utental or jlhysical handicap, or age. <br /> <br />(3) nle cuntractor will send 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 contmcting officer, <br />advising the labor union or workers' representative of the contractor's committl1lent under lhe Executive <br />Order. Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) The contractor and labor unions will furnish all infonnation and reports required by Executive Order, <br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the <br />Governor, or pursuant thereto, and will pennit access to his books, recorJS, and accounts by the conlrdcting <br />agency and the office of the Governor or his designee for purposes of investigation to ascertain complilll1ce <br />with such rules, regulation~ and orders. <br /> <br />(5) A labor organizatiol1 will not exclude any individual otherwise qualified trom full membership rights 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, compel or coerce <br />the doing of any act delhled in Ihis contract to be discriminatory or ob:>tmct or prevent any persoh from <br />complying with the provisions of this contract or any order issued thereunder; or attempt, eilher directly or <br />indirectly, to commit any llct defined in 'his contract to be discriminatory. <br /> <br />395.53.01.C 028 <br /> <br />page~of ~pages <br />