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furor 6 -AC -0211
<br />CONTROLLER'S APPROVAL'
<br />SPLCIAL PROVISIONS
<br />I. This contract shall not be deenned valid until it shall have been approved by the Controller of the Stale of
<br />Colorado or such assistant as he may designate. phis provision is applicable to a ny contract involving the payment of
<br />money by the Slate.
<br />FUND AVAILABILITY
<br />2. Financial obligations of the State payable after Ilne current fiscal year are contingent upon funds for that
<br />purpose being appropriated, budgeted and otherwise made available.
<br />BOND REQUIRFMI;NT
<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 />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 W- ow for the State• a good and 'sufficient
<br />bond or other acceptable surety to be approved by said official in a 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, shall 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 specified in the bond, together with interest at the
<br />rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in
<br />favor of the contractor arising under this contract shall be audited (lowed or paid. A certified or cashier's check or a
<br />bank money order made payable to the "Treasurer of the State rado rgpy bye accepted in leiu of a bond.
<br />MINIMUM WAGE
<br />4. Except as otherwise provided by law, if this c
<br />d
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<br />ollars and requires or involves th m
<br />e employent of lal
<br />any building or other public work, (except highways, ht
<br />kinds) within the geographical limits of the State, the rate of
<br />contractor or any subcontractor on the building or public
<br />prevailing rate of wages for work of a similar nature in the
<br />which the building or other public work is located. Disputes r
<br />8 -16 -101. CRS 1973, as amended.
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />payment of more than five thousand
<br />n the construction, alteration or repair of
<br />"underpasses and highway structures of all
<br />all laborers and mechanics employed by the
<br />vered by this contract shall be not less than the
<br />n, village or other civil subdivision of the State in
<br />ing prevailing rates will be resolved as provided in
<br />S. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discri mination and unfair employment 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. Pursuant thereto, the f 6llowing lrropisions shall be contained in all.SYate contracts or sub- conlracls.
<br />During the performance of this contract, the contractor agrees as follows:
<br />(1) 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, mental or physical handicap, or age.
<br />The contractor will lake affirmative 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. recniilment or
<br />recruitment advertisin&,,s; lay -offs or terminations; rates of pay or other forms of compensation; and selection
<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 setting forth
<br />provisions of this non - discrimination clause.
<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 />(3) The contractor will send to each labor union or representative of workers 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 workers' representative of the contractor's committment tinder the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor.
<br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
<br />Governor, or pursuant thereto, and will permit 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 />(5) A labor organization wilt not exclude any individual otherwise qualified from full membership rights in
<br />such labor organization, or expel any such individual frc.m 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 an vestry.
<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 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 />39b-W-01 -C 028 page ._ol, G_- -- pages
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