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Form 6-AC-02B • SPECIAL;PROVISIONS
<br /> CONTROLLER'S APPROVAL
<br /> 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such
<br /> assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State.
<br /> FUND AVAILABILITY
<br /> 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
<br /> budgeted and otherwise made available.
<br /> BOND REQUIREMENT
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<br /> 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair, maintenance, •
<br /> • or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall,
<br /> before entering upon the performance of any such work included in this contract,duly execute and deliver to and file with the official
<br /> whose signature appears below for the State. a good and sufficient bond or other acceptable surety to be approved by said official
<br /> in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed
<br /> by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that
<br /> if the contractor or his subcontractors fail to duly pay for any labor, materials,team hire,sustenance,provisions,provendor or other
<br /> supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done,the surety will
<br /> pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.
<br /> Unless such bond, when so required, is executed,delivered and.tiled, no claim in favor of the contractor arising under this contract
<br /> shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State
<br /> of Colorado may be accepted in leiu of a bond.
<br /> MINIMUM WAGE •
<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 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 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 /> DISCRIMINATION AND AFFIkrMATIVE ACTION
<br /> 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended
<br /> and other applicable law respecting discrimination and unfair employment practices (24-34-402, CRS 1979 supplement), and as
<br /> required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975.Pursuant thereto,the following provi- -
<br /> sions shall be contained in all State contracts or sub-contracts. •
<br /> During the performance of this,contract, the contractor agrees as follows:
<br /> (1) The contractor will not discriminate against any employee or appl f em oyment because of
<br /> race, creed, color, national origin, sex, marital status, religion, ancestry, m y ty• al n 'cap, or age.
<br /> The contractor will take affirmative action to insure that applicants are lube n t tae ployees are
<br /> treated during employment, without regard to the above mentioned characteristics. Suc t-a shall include,
<br /> but not he limited to the following: employment, upgradin ' in, q transfer, recruitment or •
<br /> recruitment advertisings; lay-offs or terminations;rates of pay or It is o i Rus tri an•;• ection
<br /> for training, including apprenticeship. The contractor agrees ' :t co u •s f a a Iable to
<br /> employees and applicants for employment, notices to be provided by the contracti _ if . 'orth
<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 under 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 will not exclude any individual otherwise qualified from full membership rights in
<br /> such labor organization, or expel any such individual from membership in such labor organization or
<br /> discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed,
<br /> color,sex, national origin,or ancestry.
<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.
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<br /> 395-53-01-1022 page _..3 of 4 pages
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