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<br />Form 6-AC-02B <br /> <br />, <br />'-- <br /> <br />SPECIAL PROVISIONS <br /> <br />( ; <br />....... <br /> <br />CONTROLLER'S APPROVAL <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 CQntract involving the payment of <br />money by the State. <br /> <br />FUND AVAILABILITY <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 thous~,nd 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 sufficient <br />bond or other acceptable surety to be approved by said official in 11 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, shan provide that if the contractor or <br />his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other <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 not exceeding the sum spc~cified in the bond, together with interest at the <br />rale of eight per cent per annum. Unless such bond, when so required, is execuled, delivered and filed, no claim in <br />favor of the contractor arising under this contract shall be audited, allowed or paid. 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, alteration 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 all laborers and mechanics employed by the <br />contractor or any subcontractor on the building or public work co\'ered 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. Disputes respecting prevailing rates will be resolved as provided in <br />8-16.101, CRS 1973, as amended. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees to comply with the lelter and spirit (If the ColoradQ 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 Oppurtunity and Affinnati\'e Action, dated April 16, <br />1975. Pursuant 'hereto, the following provisions shall be contained in all State contr4cts or sub-contracts. <br /> <br />During the performance of this contract, the contractor agrets as follows: <br /> <br />(I) 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, m~nlal 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 characteristics. Such action shall 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 fornu of compensation; and selection <br />for training, including apprenticeship. The contractor agt'~s 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 adverliseme:tts 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, m~ntal or physical handicap, or age. <br /> <br />(3) The contractor will send to each labor union or repre;entalive of workers with which he has collective <br />bargaining agreement or other contract or understanding, notice to be PTGvided by the contracting officer, <br />advising the labor union or worke~' representative of the contractor's c()mmillment 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 infor.nation and reports required by Executive Order, <br />Equal Opportunity and Affinnative Action of April 16, 197:" and by the ndes, regulations and Orders of the <br />Governor, or pursuant 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 />" <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 individual frum membership in such labor organization or <br />" . ~cljscriminate against any of its members in the fuU enjoyment of work opportunity, because of race, creed, <br />)-'i;' ,,,.for, sex, national origin, or ancestry. <br />( .., <br />~~) A I~bor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce <br />tli.;' 'of any act defined in this contract to be discriminatory or obstruct or prevent any person from <br />comply with the provisions of this contract or any order issued thereunder; or attempt, either directly or <br />indirect ,to commit any act defined in this contract to be discriminatory. <br /> <br />page~of ~PllgeS <br /> <br />.. <br /> <br />. <br />