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<br />Form 6-AC-OlB <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />I. This contract shall not be deemed valid until il ~hall have been approved hy the Controller of the State of Colorado or such <br />assistant as he may designate. This provi~ion is applicable to any conlr.U:1 involving the payment of money hy the Stale. <br /> <br />FUND AVAIl-ABILITY <br /> <br />2. Financial obligations uflbe State payable after the current fi~al year arc contingent UlXlIl funds for that purpo:-c being appropriated. <br />budgeteu and otherwise maue available. <br /> <br />BOND REQUIREMENT <br /> <br />3. Iflhis contract involves the payment of more than fifty thousand dollars for the con~lruclion, erectioll. repair. ~Hlin- <br />tenance, or improvement of any building, road. bridge, viaduct. tunnel, excavation or other public works for this State. the <br />contractor shall. before enter ing the performance of any such work included in this contract, duly execute and ddiverto and <br />file with the official whose signature appears below for the State. a good and sufficient bond or other acceptable surety to be <br />approved by said official in a penal sum not less than one-half of the Iota I amount payable by the terms of this contract. Such <br />bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance l)fthe contract. <br />and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor. materials. team hire. <br />sustenance, provisions. provendor or other supplies used or consumed by such contractor or his subcontrachlr in perfor- <br />mance of the work contracted to be done. the surety will pay the same in an amount not exceeding the sum !Specified in the <br />bond, together with interest at the rate of eight per cent per annum. Unless such hond, when so required. is executed. <br />delivered and filed, no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A certified <br />or cashier's check or a bank money order payable to the Treasurer of the Stale of Colorado may be accepted in lieu of a bond. <br />This provi!Sion is in compliance with 38-26-106 CRS. as amended. <br /> <br />4. Except as otherwl ided by law. if this contract is in excess of one hundred liny thousand dollars and requircs <br />or involves the employment of laborers 0 nics in the construction, alteratil)n or repair of any building or other public <br />works (except highways. highway bridges, underpasse i way structures of all kinds or COlllracts lor uny purpose to <br />which the state department of highways or the chief engineer is a pa in the geographical limits of the Stale. the ralC of <br />wages for all laborers and mechanics employed by the contractor or any suhenn n the building or other public wllrks <br />covered under the contract shall not be Jess than the prevailing rate of wages for work of a Sl ure in the county. city <br />and county. or municipality of the State in which the building or otller public works is located. The prc\',lI I 'ofwagcs <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees 10 comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as <br />amended, and other applicable law respecting discrimination and unfair employment practices (24-34.402. C~S 1982 <br />Replacement Vol.), and as required by Executive Order. Equal Opportunity and Affirmative Action. dated April 16,1975. <br />Pursuant thereto, (he following provisions shall be contained in all Stale colllroc/S or sub-contracts. <br /> <br />During the perfonnance of this contract, the cuntractor agrees as follows: <br /> <br />(l) The contractor will not discriminate against any employee or applicant for employment became of <br />race, creed, color, national origin, sex, marital stattls, religion, ancestry, mental or phy~ical handicap, or age. <br />The contractor will take affirmative action to insure that applicants are employed, and that employees are <br />treated during employment, without regard to the above mentioned characteristics. Such actiun shall include, <br />but not be limited to the following: employment, upgrading, demotion, or transfer. recruitment or <br />recruitment advertising<>; lay-orfs ur tenninations; rates of payor other fonns of compellsation; and !>l'lectioll <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 ~elling forth <br />provisions of this non-discriminatiun 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 10 each labor union or representative of worke~ 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 wurkers' representative of the contractor's committment under the Executi\'C <br />Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and of the rules, regulations, and <br />relevant Orders of the Govemor. <br /> <br />(4) The contractor and labor unions will fumish all infonnation and reports required by Executive Order, <br />Equal Opportunity and Affinnative 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, records, and accounts by the cOlltmctillg <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 rights ill <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 won. opportunity, because Ilf race, creed, <br />color, sex, national origin, or ancestry. <br /> <br />(6) A labor organization, or the employees or members then'uf 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 /> <br />395-53-Dl.l022 <br /> <br />jlage~ of --L pages <br />