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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
<br /> 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,main-
<br /> tenance,or improvement of any building,road,bridge,viaduct,tunnel,excavation or other public works for this State,the
<br /> contractor shall,before enter ing the performance of any such work included in this contract,duly execute and deliver to and
<br /> file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be
<br /> approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such
<br /> bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithful performance of the contract,
<br /> and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,
<br /> sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in perfor-
<br /> mance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the
<br /> bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed,
<br /> delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allowed or paid.A certified
<br /> or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.
<br /> This provision is in compliance with 38-26-106 CRS, as amended.
<br /> WAGE
<br /> 4. Except as otherwi : • ided by law,if this contract is in excess of one hundred I •usand dollars and requires
<br /> or involves the employment of laborers o -- •anics in the construction,alt- •• or repair of any building or other public
<br /> works(except highways,highway bridges,underpass- : •• i• ructures of all kinds or contracts for any purpose to
<br /> which the state department of highways or the chi- • eer is a pa • • hin the geographical limits of the State,the rate of
<br /> wages for all laborers and mechanics - • • ed by the contractor or any subcon . • on the building or other public works
<br /> covered under the contr. . . not be less than the prevailing rate of wages for work of a si • : a ture in the county,city
<br /> and count • I mcipality of the State in which the building or other public works is located.The prevai • _ . e of wages
<br /> • e resolution of any disputes resulting therefrom shall be as prescribed by 8-16-101 CRS, as amended.
<br /> DISCRIMINATION AND AFFIRMATIVE ACTION
<br /> 5. The contractor agrees to comply with the letter and spirit of the Colorad• : I tidi ri • a • n Act of 1957, as
<br /> tA
<br /> amended, and other applicable law respecting discrimination and unfair employm: r t:es fN 4 '':. , CPS 1982
<br /> Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affi y, ativd io d4.d ;.'•ril 16, 1975.
<br /> Pursuant thereto, the following provisions shall be contained in all State contra '".ru• • . '
<br /> During the performance of this contract, the contractor agrees lel +ws•- _
<br /> (1) The contractor will not discriminate against anyem to4r �:• icar o en case of
<br /> g P - lip y
<br /> race, creed, color, national origin, sex, marital status, religion,iiiiiieitryNneniator p • alt eidi :., ir age.
<br /> The contractor will take 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, recruitment or
<br /> recruitment advertisings;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 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.
<br /> 395-53-01-1022 page 7 of 8 pages
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