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<br />i"t>rmn-M--ll2B <br /> <br />SI'l'CIAL I'I(OVISIONS <br /> <br />CONTROLLER'S APPROV AL <br /> <br />I. 1llis contmet shall not bl' decmcd vlllid until it sh..lI have becn approved by the Controller of the State of <br />Colur..do or slieh assist:mt as he may desiguah:. T!Jh.: provision is applicable to :lIlY COil tract involving the payment of <br />money by the Stilte. <br /> <br />FUND AVAILABILITY <br /> <br />2. Fin:I,lIcial obliWltiull,s of the St:lle !laYll1,ll' ..fler Ihe cum'nt fiscill ye<lr arc conlingent LIllOn funds for IlllIt <br />purpose being ilpprollriuted, budgeted <.Ind utherwise madc av:.ilablc. <br /> <br />BONO REQUIREMENT <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 />Stale, the contractor shall, beforc entering upon the performance of any such work included in this contract, duly <br />ex.ecute and deliver to and file with the official whose ,signature appears below for the State. a good and /sufficient <br />bond or other acceptable surely to be approved by said official in a penal sum not less than one.half of the total <br />amount payable by the tenns of chi:. contract. Such bond shall be duly executed by a qualified corporate surely, <br />conditioned for the due and faithful pcrfonnanee {}f the contract, and in addition, shall provide that if the contractor or <br />his suhcontractnrs fail to duly PllY for any Illbor, materials, teitm hire. sustenance, provisions, provender ur other <br />supplies uscd'or c(ln.~l.Imed by such contrllctor or his subcontractor in pcfonnance of the work contracted to be done, <br />the surety will pay the same in an amounl not ex;cecding the sum specified in the bond, together with interest at the' <br />rate of eight per cent per annum. Unless such bond. when so required, ill executed, delivered and filed, no claim in <br />J'llvor or the emltfilctor arising under Ihis contrat.:t shall be audited, allowed or paid. A ccrtilicd or cashier's check. or a <br />bank money order made paYllblc to thc Treasurer llf the State of Colorado may be accepted in leiu of a bond. <br /> <br />MINIMUM WAGE <br /> <br />4. beept as uthcrwisc provilll'd by Jaw, if this contract provides for the payment of more (han five thousand <br />dollar.; lllld requires or involves the l'mployment of laborers or mechanics in the construction, alleration or repair of <br />any building or other puhlie wmk. kXl'cpt highways, highway bridges. underpas...es and highway structures of all <br />kinds) within Ih(' gcogmphkallilllils of thl' Stale, the ratl' of wage for all laborers and mechanicllo' oemployed by the <br />l'Ontruclor or .my suhcoutractor on thc Duilding or Imblic work covered by this contract shall be nol less than Ihe <br />prevailing mil' of wilges for work of:1 similar mltufC in the cily,town. village or other civil subdivision of the State in <br />whil'h the building or other puhlic w(J/k i~ lucated. HisllUles f(.'SJlecting prevailing rates will be resolved as provided in <br />H-16.IOI. ('I{S I 97.l, as .1lI11'ndl"d. <br /> <br />DISCRIMINATION AN\) AFFIRMATIVE ACTION <br /> <br />5. ll1C coutmctor ilgrees 10 comply with the lctter and Sl)irit of the Colof'ddo Antidiscrimination Act of 1957, <br />as amended, and other illll>lic:lblc law rcsp\."Ctillg di'icriminatiun and unfair cmplo enC Ilractices (24-34-301, CRS <br />1973. as amended). and liS fC(luircd by EXl'Cutive Order, Equal OPI,orlunity all ..' e Action. dated April 16, <br />1975. Punuunllherf!IO, IIlIl f()lfow;l1g /JTopisioll," :iluJlI ht! {'()It/aliled;II"If Sial ,!:,",. Olt/Tart).. <br /> <br />Uurillg Ille jlerfonnulIce of this wlllracl. the cOllfr.lctur lIgrcLos . <br /> <br />(I) The eonlrl!Ctur will not rliscriminalc ilg..iusl allY emplo <br />rilCl', I,..n'cd. colur. Ilali/JII:,I luigin. ,'l'S, marital ",'atlls. rdigiQIl.11l <br />'nle contractor will take affifluutivc action to hlsure <br />treated during employment, without regard to the abo <br />but not be limited to the following: em ent. <br />recruitment advertising'>; Iay-offs or te es <br />for trdining, including alJprelltieesbi. tor <br />cmployCl"s and 311plicanb for employ. to <br />provisions of this Ilon-discriminution clause, <br /> <br />(2) 'nle contractor will, in all solicitations 0 isements for employees placed by or on behalf of the <br />contractor. state that all qualified applicants receive consideration for employment without regard to <br />race, creed, color. national origin, sex, marital status, religion, ance$lry, mental or phr.;ical handicap, or age. <br /> <br />(J) -nil' contractor will sen~ to each lahar unioll or representative of workers with which he has collective <br />bargaining agreement or other contract or understanding. notice 10 be provided by the contracting officer, <br />advising the labor union or ~orkers' representative of the contractor's committment under the Executive <br />Order, Equal Opportunity an~ Affinnative Action, d3ted April 16, 1975. and of the roles, regulations, and <br />relevant Orders of the Govcn\pr, <br /> <br />(4) TIle contractor and lalJVr unions will furnish all information and reports required by Executive Order, <br />Equal Opportunity and Affirl)lalive Action of April 16, 1975, and by the rules, regulations and Orders of the <br />Governor, or pursuant theretQ, and will pennit access to his books, records, and accounts by the contracting <br />agency and the office of the Govemor 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 in <br />such labor organization, or expel any such in~vidual from membership in such labor organization or <br />discriminate against any of its member.! 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 ~ discriminatory or obstruct or prevent any person from <br />complying witb the provisions of this contract or; any ordcr issued thereunder; or attempt, either directly or <br />indirectly. to commit any act defined in this cont~~ct to be discriminatory. <br /> <br /> <br />395-53-01-C 028 <br /> <br />pagc--4..- or ---5. pages <br />