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<br />FQI'1II6-AC-02B
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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 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.
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<br />FUND AVAILABILITY
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<br />2. Financial ohligations of the State payable after the current fiscal year are contingent ulxm 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 iog 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 ofthis.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 Colora do may be accepted in lieu ofa 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, underpasses 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 party) within the geographical limits of the State, the rate of
<br />wages for all laborers and mechanics employed by the contractor or any subcontractor on the building or other public works
<br />covered underthe 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 shall be as prescribed by 8-16-101 CRS, as amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The contractor agrees to comply with the letter 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 1982
<br />Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,1975.
<br />Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
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<br />During the performance 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, demotion, or transfer, recruitment or
<br />recruitment advertising:;; lay-offs or terminations; rates of payor 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.
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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 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 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.
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<br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
<br />Equal Opportunity and Affinnative 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 membership in such labor organization or
<br />discriminate against any of its members in the full enjoyment of work opportunity, because ofrace, 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 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 />395-5J.()1.1022
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