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<br />Fflrm 6.AC.028 <br /> <br />SI'ECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />I. Tllis contraC! shallllot be deemed valid un Iii it shall have been approved by the Cuntroller (If the State of <br />Colorado or such assistant as he (llay designate. TIlis provision is applicable to an)' contr,lct involvin~ the paymeut of <br />money by the State. <br /> <br />FUND A V AllABllITY <br /> <br />2. Financial obligatiolls of the State payable after the CUrrent fiscal year are cOlltingent ujlon fllnd~ for that <br />purpose being appropriated, budgeted and otherwise made available. <br /> <br />BOND REQUlkEMENT <br /> <br />3. If this contract involves the payment of more than ten thousand dollars {or the construction, erection', repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, exc8valion or olher public work for this <br />Slale, the contraclor shall, before entering upon the perfonnance of any such ,""ark included in this contract, duly <br />execute and deliver to and file wllh Ihe official whose signature appears below for the Slale, a goOO and sufficient <br />bond or olher acceptable surety to be approved by said official in a penal sum not less than one-halC of Ihe total <br />amounl payable by the terms of this contract. Such bo(ld shall be duly executed by a qualified I;:orporate surely, <br />conditioned for the due and faithful perfonnance of the contmct, and in addition, shall provide that if the contractor or <br />his suocontractors fail to duly pay for any labor, materials, team hire, sustenafl.ce, provisions, provender or other <br />supplies used or consumed by sucll conlractor or his suocontractor in pefonnance of lhe work contracted to be done, <br />the surety will pay the same in an amount not exceeding the sum specified in the bond, together with ir11eresl at the <br />rate of eigtlt per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in <br />favor of thc= contractor arising unMr 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. E;(cept as otherwise provided by law, if this contract provides for the pi-wment of more than fit'e thousand <br />dollars and requires or involves th~ employment of laborers or mechanics in the cilnstruction, alteration or repair of <br />any buildillg or other public wor!', (except highways, highway bridges, underp8sses and highway structures of all <br />kinds) witl1in the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the <br />contractor or any subcontractor ()n 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 olher civil subdivision (If Ihe 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, TIle Contractor agrees to ~omply with the letter ..nd spirit of the Colora(:Io Antidiscrimination Act (If 1957, <br />as amended, and other applicable law respecting discrimination and unfair emplPyment practices (24-34-301, CRS <br />1973, as amended), and as required by Executive Order, Equal Opportunity and ,Affirmative Action, dated April 16, <br />1975. PllrstJUnllhereto, the followiflg provisions shall he contained in all Stute confTocts or sUb-conlracls. <br /> <br />During the perfonnance of this contract, the contractor agrees as folloINS: <br /> <br />(1) The contractor will not discriminate again!>t any employee or applicant fat emploYIll~llt hec,lUse of <br />race, creed, color, national origin, sex, marital status, religiori, ancestry, nlental or physical handicap,Qr age. <br />TIle cOntractor will take :,1ffirmative action to insure that applicants are ~mployed, 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: emploY[flent, upgrading, demotion, or transfer, recnlilment or <br />rec:ruillnent advertisings; l$ly-offs or terminations; rates of payor other fOlms of compensalion; and selection <br />fof training, including apprenticeship. TIle contractor agrees to post ill conspicuous places, available to <br />employees and applicants for employment, notices to be provided by tile 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 011 behalf of the <br />cOlltractor, state [hat all qualified applicants will receive consideration (or employment withoul regard to <br />race, creed, color, national origin, sex, marital status, religion, ancestry, n1ental or physical handicap, or age. <br /> <br />(:n The contractor will $end to each labor union or representative of workers with which he hUli collective <br />t.a!'gaining agreement or other contract or understanding, notice to be pfovided by the contrdcting officer, <br />advising the labor union vr worken;' representative of the contractor's (ommittment under the Executive <br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the roles, regul..tions., and <br />relevant Orders of the Governor. <br /> <br />(4) The contractor and labor unions will furnisf1 all information and reports required by Executive Order, <br />Equal Opportunity and Affinnative Action of April 16, 1975, and by lhe ,-oles, regulations and Orders of the <br />Governor, or pursuant the'eto, and will pennit aco:css to his books, records, and accounts by the cont....Icting <br />agency and the office of tlte Governor or his desi,gnee for purposes of investigation to ascerlain compliance <br />with such rules, regulations: and orders. <br /> <br />(5) A labor organization will not exclude any imlividual otherwise quali(Jed from full memben;hip rights in <br />such labor organization, or expel any such individual from membenihlp in such labor organization or <br />discriminale 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 lahor organi1.3tion, or the employees or members thereof will nol aid, abet, incite, c,ompel or coerce <br />the doing of any act defilled in this contract to be discriminatory or oM'cuct or prevent any person from <br />cOlllplying with the provisions of this contract or any order issued thereullder; or attempt, either directly or <br />indirectly, 10 commit any ~ct defined in this contract to be discriminatory. <br /> <br />page~of~pages <br />