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<br />FUfm b-AC.02B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. 'Olis contract shall not be deemed valid until it shall have been approved by the Controller of the Statc of
<br />Colorado or such assistllllt as he mllY designate. This provision is applicable to any contract involving the paYllll'lIl of
<br />money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of th~ S~ate payublc after the current fiscal year are contingent upon funds for lh,,!
<br />purpose being appropriated, budgeted and-otherwise made available.
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<br />llONlJ REQUIREMENT
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<br />3. If this contrnct involves the paymcnt of morc than ten thollsand dollars for the construction. ert.-ctioll, rL'pair,
<br />mllintenance, or improvement of llny building, road, bridge, viaduct, tunnel, excavation or other public work for
<br />this St:ite, the cUlltmctor shall, before cntcring upon thc performance of any such work included ill this COlllr;Il:I,
<br />duly execute and deliver to and file with the official whose signature appears below for the State, a good lInd
<br />sufljcient bond to be llpproved by said official in a penal sum not less than one-half of the total alllount payable
<br />by the terms of this controct. Such bond shall be duly executed by a qualified corporate surety, conditionrd for th(>
<br />due and faithful !}Crfonmmcc of the cOlllr;Jct, and in ;Jddition, shall provide that if the contrJ.ctor or his slIhcon.
<br />tmcllll'S fail to duly pay for any lahor, mllteri:lls, temu hire, sustenance, provisions, provender or other supplks lIsed
<br />or consumed by such contractor or his subcontl"'dctor ill performance of the work contracted to be done, lht.' surdy
<br />will pay the s:lmc in an amount not exceeding till' slim specified in the bond, together with interest ,It Ill(' rah' of
<br />eight per cent per :lIlllum. Unle~ such bond, when so required, is executed, delivered and filed, no cl:tim ill 1";1Yor
<br />of the contractor arising under this contract sh:lll be audited, :IUowed or paid.
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<br />MINIMUM WAGE
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<br />4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousllnd
<br />doll.m; :lnd re(luires or involves the employment of laborers or mechmtics in the construction, <lltcratioll or rl'pair of
<br />any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
<br />l{inds) within thc geographical limits of the State, lhe r:lte of wage for all laborers and meclumics employed hy tll\'
<br />contmctor or any subcontractor on the building or public work covered by this contract shall be not less thnn the
<br />pn"'vniling rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the Slale in
<br />which the building or other public work is located, Disputes respecting prevailing rates will be resolved as provided in
<br />1\-16-101, CRS 1973, as mnellded.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />S. The eontrdctor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS
<br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affinnative Action, dated April 16,
<br />1975. Pursuantlhereto, 'lie following pruvisiuns shall be cUrl'ained in ail State contract~. or SlJb-contracts.
<br />During the perfol1l1ance of this contm~t, the contmctor agrees as follows:
<br />(I) TIle contractor will not discriminate against allY employee or applicnnt for employment "bL'Cmlsc (If
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap. or llgC.
<br />The contractor will take affirmative action to insure that applicants are employed, and that employec.~ arc
<br />treated during employment, without regard to the above mentioned characteristics. Such action shall include,
<br />but lIot be limited to the following: employment. upgmding, demotion, or tmnsfcr, rcentilmcnt or
<br />recruitment advertisings; lay-offs or temlinations: rates of payor other forms of compensation; and selection
<br />for training, illcluding apprenticeship. The coutraclor agn..'Cs to post in conspicuous places. av,li!:,ble to
<br />employees and applicants fOr employment, notices to be provided by the contracting officer setting forlh
<br />provisions of this non.discrimination clause.
<br />(2) TIle 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, cn'cd, color. national origin, sex, mllritlll st,ltUS, religion, ancestry. mental or physic:11 hundicap. Ill' "~l'.
<br />(3) The contractor will send to each labor union or representative of workers with which he has cnlk'ctivc
<br />bargaining agreement or other contrdct or understanding, notice to be provided by the contr.u:ting officer,
<br />advising the labor union or workers', representative of th"e contractor's committment under the EX~clltive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of die Govemor.
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<br />(4) TIle 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 cOl1lracting
<br />agency mid the office of the Covemor or his designee for purposes of investigation to asccrtain compli:mce
<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 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 ('u~'rcc
<br />the doing of any act defined in this contract to be discriminatory or obstntct or prevent any person from
<br />complying with the provisions of this ,=,ontmct or any order issued thereunder; or altempl, eithcr din'("/ly ur
<br />indirecdy, to commit any act defined in this contract to be discriminatory.
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