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<br />form 6'AC-02B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROV Al
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<br />1. This contract shall not be Jeemed valid until it shall have been <l.lll}f(}\'ed tly the Cot\troUer of the State of
<br />Colorado or such assistant as he maY designate. This provision is applicabl~ to any (on tract involving the payment of
<br />money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of th~ State payable after the current fiscal year arC contingent upou funds for thai
<br />purpose being appropriated, budgeted and otherwise made available.
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<br />BOND REQUIREMENT
<br />3. If Ihis Contract involves the payment of more than ten thousand dollars for the construction, erection, ;epair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tmmel, excaV1ftion or other public work fdr this
<br />State, the contractor shall, before efltering upon the perfonnance of any such wo(k included in this contract, duly
<br />execute and deliver to and file with the official whose signature appears below fof the State, a good and sufficient
<br />bond or other acceptable surety to be approved by said official in a penal sum not less lhan one-half of the total
<br />amount payable by the tenns of this contract. Such bond shall be duly executed by a qualified corporate surety,
<br />conditioned for the due and faithful perfonnance of the contract, and in addition, Sh811 provide that if the contractor or
<br />his subcontractors fail to duly pay for any labor, materials, team hire, sustenanc';, provisions, provender or other
<br />supplies used or consumed by such tontractor or his subcontractor in pefonnance of the work contracted to be done,
<br />the surety will pay the same in an amount not exceeding the sum specified in the l:lond, logether wilh inletest al the
<br />rate of eight per cent per annum. urtless such bond, when so required, is executed, delivered and filed, nO claim in
<br />favor of the contractor arising under this contract shall be audiled, allowed or paid. A certified or cashier's check or a
<br />bank money order made payable to the Treasurer of Ihe State of Colorado may be accepted in leiu of a bond.
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<br />MINIMUM WAGE
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<br />4. Except as otherwise provided by law, if this contracl provides for the paYlnent of more than five thousand
<br />dollars and requires or involves the employment of laborers or mechanics in the comitruction, alteration or repair of
<br />any building or other public work, (except highways, highway bridges, underpasstS 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 chan the
<br />prevailing rate of wages for work of a similar nature in the city, town, village or othltr civil subdivision of the State in
<br />which the building or other public ",'ork is located. Disputes respecting prevailing rates will be resolved as provided in
<br />8-16-101, CRS 1973, as amended.
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<br />DISCRIMINATION AND AFFIRMA'TIVE ACTION
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<br />5. The contractor agrees 10 comply with the letter and spirit of the Colorado Anlidiscrimination Act of 1957,
<br />as amended, and other applicable laW respecting discrimination and unfair employfllent practices (24-34-301, CRS
<br />1973, as amended), and as required PY Executive Order, Equal Opportunity and Aflinnative Action, dated April 16,
<br />1975. Pursuant thereto, the following provisions shall be contained in all State ContrOl~ts or sulN:ontracts.
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<br />During the perfonnance of tllis contract, the contractor agrees as follows:
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<br />(I) The contractor will nilt discriminate against any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, merttal or physical handicap, or age.
<br />TIle contractor will take affJnnative action to insure that applicants are employed, and tbat 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 />recrnitment advertisings; lay,offs or terminations; rates of payor other fonn~ of compensation; and selection
<br />for training, including apprenticeship. TIle contractor agrees to post in "onspicuous 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.
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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, state that all qualified applicants will receive consideration for employment without regard to
<br />race, creed, color, national arigin, sex, marital statns, religion, ancestry, meJ1.tal or physical handicap, or age.
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<br />(3) The contractor will seJld to each labor union or representative of worl'ers with which he has collective
<br />bargaining agreement or oth~r contract or understanding, notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's cofllmittment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April )6, 1975, aJld of tbe rules, regula lions, and
<br />relevant Orders of the Governor.
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<br />(4) The 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 tile
<br />Governor, or pursuant theretO, and will pennit access to his books, records, llnd 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 a~ld orders..
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<br />(5) A labor organization will not exclude any individual otherwise qualifieJ. from full membership rights in
<br />such labor organization, or expel any such individual from membership ill such labor organization or
<br />discriminate against any of its members in the full enjoyment of work oppilrtunity, because of race, creed,
<br />color, sex, natjonal 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 obstf1.lct or prevent any person from
<br />complying with the provisjo~S 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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