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<br />Form 6-AC-02B <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROV AL <br /> <br />I. 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 as he may designate. This provision is applicable to any contract involving the payment of <br />money by the State. <br /> <br />FUND A V AILABILlTY <br /> <br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted and otherwise 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, the contractor shall, before 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 the State, a good and 1sufficient <br />bond or other acceptable surety to be approved by said official in a penal sum not less than 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 olher <br />supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done, <br />the surety will pay the same in an amount nol exceeding the sum specified in the bond, together with interest at the <br />fate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in <br />favor of the contractor arising under this contract shall be audited, allowed or pakl. A certified or cashier's check or a <br />bank money order made payable to the Treasurer of the State 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 than five thousand <br />dollars and requires or involves the employment of laborers or mechanics in the construction, ::Ilteration or repair of <br />any building or other public work, (except highways, highway bridges, underpasses and highway structures of all <br />kinds) within the geographical limits of the State, the rate of wage for alllabore:rs and mechanics employed by the <br />contractor or any subcontractor on the building or public work covered by this contract shall be not less than the <br />prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in <br />which the building or other public work is located. Dispules respecting prevailing rates will be resolved as provided in <br />8-16-101, CRS 1973, as amended. <br /> <br />DISCRIM'NATION AND AFFIRMATIVE ACTION <br /> <br />S. The contractor agrees to comply with the letter and spirit of the Color<ldo Antidiscrimination 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 required by Executive Order, Equal Opportunity and Affinnative Action, dated April 16, <br />1975. Pursuant therelO, the follOWing provisions shall be contained ill all State contracts or sub-contracts. <br /> <br />During the perfonnance of this contract. the contractur agrees as follows: <br /> <br />(1) The contractor will not discriminate against any employee or applicant for employment because of <br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. <br />The contractor will take affinnative action to insure that applicants are employed, and that employees are <br />treated during employment, without regard to the above mentioned chara.cteristics. Such action shaH include, <br />but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or <br />recruitment advertisings; lay-offs or tenninations; rates of payor other f(:mns of compensation; and selection <br />for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to <br />employees and applicants for employment, notices to be provided by the contracting officer setting forth <br />provisions of this non-discrimination clause. <br /> <br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the <br />contractor, state that all qualified applicants will receive consideration for employment without regard to <br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. <br /> <br />(3) The contractor 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 contracting officer, <br />adviSing the labor union or workers' representative of the contractor's committment under the Executive <br />Order, Equal Opportunity and Affinnative 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 pursu<lnt 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 org<lnization will not exclude any individual otherwise qualified trom full membership rights in <br />such labor organi.z.ation, or expel any such individual from memben;hip 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 defined 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 act defined in this contract to be discriminatory. <br />page~of ~pages <br /> <br />395'53-Dl-C028 <br />