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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This Contract shall not be deemed valid until it shall have been approved by lhe Controller of the State of Colorado or such
<br />assistant as he may designate. This provision is applicable to any contract involving th~ payment of money by the Stale.
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<br />FUND AVAILABILITY
<br />2. Financial obligations of tile State payable after the current fisc:a1 year are contingent upon funds for that purpose being appropriated.
<br />budgeted and otherwise made available.
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<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. 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 ingthe 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 pay~ble by the terms of this contract. Such
<br />bond shall be duly executed by a qualified cOlllorate surety. conditioned for the due arid faithful performance of the contract.
<br />and in addition, shall provide that if the contractor or his subcon'tractors 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 Treasurerofthe State ofColofado may be accepted in lieu of a bond.
<br />This provision is in compliance with 38-26-106 CRS. as amended.
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<br />MINIMUM WAGE
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<br />4. Except as otherwise provided by law. if this contract is in excess of one hundred fifty thousand dollars and requires
<br />or involves the employment of laborers or mechanics in the construction. alteration or repair of any building or other public
<br />works (except highways. highway bridges. undelllasses and highway structures of all kinds or contracts for any purpose to
<br />which the state department of highways or the chief engineer is a pany) within the geog.raphical limits of the State. the rate of
<br />wages for all laborers and mechanics employed by the cOl).tractor or any subcontractor on the building or other public works
<br />covered under the contract shall not be less than the prevailing rate of wages for work of a similar nature in the county. city
<br />and county, or municipality of the State in which the building or other public works is located. The prevailing rate of wages
<br />and the resolution of any disputes resulting therefrom shflll be as prescribed by 8-16-101 CRS. as amended,
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<br />nISCRIMINA TION AND AFFIRMATIVE ACTION
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<br />5. The contractor agrees to comply with the leller and spirit of the Colorado Antidiscrimination Act of 1957. as
<br />amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402. CI\S ]982
<br />Replacement VoL). and as required by Executive Order. Equa] Opportunity and Affirmative Action. dated April ]6. 1975.
<br />Pursuant thereto, the following provisions shall be contained in all Slate contracts or sub-contracts.
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<br />During the perfornlallce of this contract. the contractor agrees as follows:
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<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. mental or physical handicap. or 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. dernotion. or transfer, recruitment or
<br />recruitment advertisings; lay-offs or tenninations; rates of payor other (onns of compensation; and selection
<br />for training, including apprentice~hip. The contractor agrees to post in conspicu{Ju.~ places, available to
<br />employees and applicants for employment. notices to be provided by the contracting officer setting forth
<br />provisions of thi~ non-discrimination clause. .
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<br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor, stllte that all qualified applicllnts will receive consideratioJ1 for employment without regard to
<br />race, creed. color. national origin. sex. marital status. religion, ancestry. mental or physical handicap, or age.
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<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 pruvided by the contracting officer,
<br />advising the labor union or ,,"yorkers' representative of the contractor'~ committment 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. .
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<br />(4) TIle contractor and labor unions will furnish all infonnation 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 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.
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<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 memberihip _ 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.
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<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 penon 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-<)1-1022
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