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<br />l'''rmn.'''C.1l2U <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S ^1'1'l{OVAL <br /> <br />I. 1llis ClIlltruct shall Ilot be deemed, valid' ll'ntil it shall have been approve,! by the Controller of the State of <br />Colorado or such asiJistmlt as he may designate. This provision is :lpplicable to :IIlY contmct il1Volving the paymcnt of <br />mO~I(~y by the Statc. ' , <br /> <br />FUND AVAILABILITY <br /> <br />2. Finrlllcial oblig:ltioJls of thc'State payable after the current fiscal year are contingent UPOll funds for that <br />purjJOse being approprilltcd" budgeted and otherwise made availllblc. <br /> <br />BOND REQUIREMENT <br /> <br />3. I.f this contract involve"S ,the payment. of more than ten thousand dollars for the cOl1strllctioil, erection, repair, <br />,naintenance, or improve,mel~t of any building, ro~d, bridge, viaduct, tunnel.' excavation 'or other public work for <br />this State, the contractor shall,_ before ~ntering u'pon the performance of any such work included in this contro.ct, <br />duly exec~te ,and deliver tl;! and file with the official whose 'signature nppears beJ.ow for the State, a good and <br />sufficient bond to be approved by said official in a penal Sllm not less than one.half of the total amount payable <br />by' the term~ of ~his contract.. Such bond shall be duly executed by a qualified corporate surety, conditioned for the <br />due and faithful perfOrm<lllCe of the contract', and in addition, shall provide IhM if the'~ontractor.or his subcon. <br />tractors fail to duly pay for <IllY Inbor, mDterials: team hire, sustenance, provisions. provender or other supplies used <br />or consumed by such contractor or his subcontrnctor in perform<lnce of the work contmcted to be done, the surety' <br />will pay the, same i;l an amount not exceeding the sum specified in th'e bond', together with interest at the rate of <br />eight per cent per annum. Unless such hond, when so required, is executed. delivered :lnd filed, no claim in favor <br />of the contractor arising under this coritract shall be- alldited, allowed or paid. <br /> <br />. MINIMUM WAGE <br /> <br />. 4. Except as. otherwise provided by law, if this contr_act provides for the payment of inore thall five thollsand <br />dollars and requires or involves the employment of laborers or mech:mics in the con,slrnction, llltcnition or repair of <br />DllY buildrng or other publ,ic work. (excepfhighways, highway bridges, underpasses ::md highway structures of all <br />kinds) within the geogr~phieallimits of the 'State, the rate of. wage fo, Dlllahorers ::md mechanics employed by the <br />'contractor ()r any subcontractor on the building or public work covered' by this ,contract shall be 'not les,s than the <br />. prevailing rate of y..ages for work Of II ,simibr_ nature ill the city, town', village or other civil subdivisioll of the State in <br />which the building or other public work is lo'cated. Disputes respecting prevailing rates will be ~esolved as provided in <br />. 8~16-IOl. ,CRS 1973. as amended. . <br /> <br />DISCRIMINATION AND AFFIRM A TIVE ACTION <br /> <br />5. l1\C contractor. agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />ns- amended, alld other applic'able law respecting discrimination and unfair employment practices (24-34.301, CRS <br />1973, as amended). and <IS required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, <br />1975. PursUant 'hereto. Ihe {olio wing p/'Qvisi~/Is shall be cO/ltaittf'd in all Slate co/Urae/.f or suli-contracts. <br /> <br />During'the performallce of this contract. the contractor agrees, as follows: . <br /> <br />(I) TIle contractor willllot discriminate against any employee ofapplicant'f-or'employment because of <br />race, creed, color. national origin, 'sex, marital status. refi!;ion. ancestry, mental oryhysical h'andicap. or age. <br />The'contractor will rJke affirmative action to insure that applicants are employed, and thnt employees _are <br />treated during employment, without regard to the above mentiOlied characteristics. Such action shall include, <br />but riot" be limited. to the tollow'ing: employment, upgrading. demotion, or transfer. recnlitment or <br />recruitment advertisings; iay-offs 'or terminations: rates of payor other form~ of compensation; and selection <br />for trail1-i~g. including apprenticeship. The contractor agrees to pos.t ill cOl1spicuous places, available to <br />employees and applicants fo'r employment, notices to be pr~vided by the contracting officer setting forth <br />provisions of this non~discrimination clause.' . <br /> <br />. . <br />,(2) TIle, contractur will, ill ull,solici_tations,or advertisements for employees placed by or on behalf of the <br />'contractor, state ,that aU qualified applicants will receive consideratiOll for em'ployment without regard to <br />race. creed. color. nntional origin, sex. marital status, religion. lIncestry, mental or physical handicap. or ltge, <br /> <br />(3) The co-ntractor will ~end to each labor union or: representative of workers with which he has collective <br />bargaining agree,ment or other contract or lJl.lderstandillg. notice tn be provided hy the contracting officer, <br />advising th~ laboF union or' workers', representative of the contractor's committment urider the Executh'c <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 cOlltr.Jc'tnr and lahor. unions will furnIsh all ill formation and repmts rClluired by Executiv~ Order. <br />f<llllll Opportunity <Iud Affirmative A'ction of April 16; 1975. :lIId hy the mll's, regulations and Orders of the <br />Governor. nr pilr.\II;ll1t rherelo, ,llid will llcflllit ,lcce.\S to his hoob. rt'cIJrlls. aml-accollnts hy the cCIIIlrm:ling <br />agency al1~1 the (Ifl'iee nf the GUVCflIor (lr his designee for purposes of il,lVestigatilJri to ascertain compliancc <br />with such rules, regulations and orders. <br /> <br />(5) A labor o~ganj7.atioll w,illnot exclu,de any individual othcrwise qualified from fullmember.lhip rights in <br />such labor org:Jilizati()lI, or eXj;c! any such individual from meinher.;hip in 'such labor org:lIlizatioll or <br />dlsc.riminate, ag,ifnst any, of its members in, the full enjoyment of work opportunity, because of race, creed, <br />color~ sex, national or'igin, or ancestry, ,. <br /> <br />(6) A la~or organization, o~ the employees I)r members thereof will not aid. abet, incite, compel O( coerce <br />the doing of any act defined in this contract to ~ discriminatory' ,or obstruct or prevent any person from <br />complying with the p.rovisio~s of this contract or any o~der issued thereunder; or attcmpt, either' directly or <br />, indirectly, to commit any act defined in 'this cOlltr.llct to be discriminatory. <br /> <br />page.L of ~pages <br />