|
<br />CONTROLLER'S APPROV AL
<br />
<br />I. This contract shnllllot he ueemed valid. \lntil it Shllll have heen nppw'Ied by tl.le Controller of the Stale (If
<br />Colora.d-o or .~uch nssistant ns he may de~jgl1;'tc. Thi.~ provi~ion is :IPplicablc to 1ll1y cOl1tr:Jct involving the, lJ:lylTlent of
<br />money by the Swte..
<br />
<br />fUND AVAILABIL!TY
<br />
<br />2. Finlll1eial obligations of .the State paY:lble :Jfter ~he Cllrrent fiscal yellr are contingent. upon funds for th~t
<br />purpose being approprinted, budgeted and otherwise made avuil:l~Ie.
<br />
<br />BONO REQUIREMENT
<br />
<br />3. If this contract involves the payment of more than ten thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any hllilding, road, bridge, viadu,t, tunnel, e)(ca\y:ation or other public work for this
<br />State, the contractor shall. heforc entering upon the performance of any such wnrk included in this conlract, duly
<br />execute and deliver to and file with the official whose signature appears below ~ffr the State, a good and isufficierit
<br />bond or other acceptable surety to be approved. by said official In a penal stJm1nol less than one-half of the total
<br />amount payable hy the term.~ of thi~ contract. Such bond :;hall be duly executed by a qualified corporate surety,
<br />conditioned for the due and faithful performance of the contract, and in additjon, spall provide that if the contractor or
<br />his ~ubcontractor~ fail to duly pay for any lubor, materials, learn hire, su~tenance, provisions, prove':lder or other
<br />supplics used or consumed by such contractor or his subcontractor in pefonn.artce of the work contracted to be done,.
<br />the surety will pay the same in an amount not exceeding 'the sum specified In the bond, together with interest at the
<br />rate of eight per cenl per annum. Unless such bond, when so requi~cd. ,is e~eculed, delivered and filed. no claim in
<br />favor of the contractor arising under thi~ contract shall be audited, allowed or pllid. A cer1ified or cashier's check or a
<br />bank money order made payable to the Treasurer of the Stale of Colorado may be f1cccpted in Jeiu of a bond.
<br />
<br />MINIMUM WAGE
<br />
<br />4. Except as otherwise provided by law, if this contract pro\,jdes' for the payment of more than five thousand
<br />dollars :lIId requires or ill\'ol\'es the employment Ilf laborers or mechanics in the construction, alteration or repair of
<br />any building or other .public work. (c.\:cept highways. ,highway hridgl's. ullderp;lSSes and highway structures of all
<br />kinds) within the geographical limits of thl' SliIte, the rate of wage for alllabore:rs'and mechanics employed by the
<br />contractor or any subcontractor on the huilding or public work cU\'ered hy thi.~ cpntracl sh<lll he not le....~ th<ll1 the
<br />pre\'ailing rate of W:lges for wor" of a similar lw.ture ill thf' city, town. village or of her civil subdivision of the State in
<br />. which the huilding or other puhlic wurk is located. Disputes respecting prevailing rllle~ will be re~olved as .provided in
<br />,8-[6-101. CRS 197]. as amended.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />$. TIle tonti.lctor agrees Itl comply with the letlcr and .~)lirit of the CtJloradu Antidiscrimin:l/iOIl Act of 1957,
<br />a~ amended, and lither applicable law respecting discriminntioll and unfair f'mployment practices (24-34.301. CRS
<br />1973. as :Jmended). ,1Ild as required by Ewclltire Orde.... Equal Opportunity :lll~l AffinnativcActiol1. dated April 16.
<br />1975. Pursuant tlll'relO, the following prOl'i.lio!u sltall be l'Ulltailll'd in till Sta,te contracts or sub-cun/roCls.
<br />
<br />Ouring the per(?rmance of this contract. the contrnctor :lgrees as r(Jllow~;
<br />
<br />(I) TIle contractor will not discrimbl<lte agaill.~t allY employee. qr nJ.lpHcant for employment because of
<br />race. creed, color, l1"tiOlla] nrigin, sex. marital status, religion. ancestry, menlal.or physical handicap. or age.
<br />TIle contractor will take affirmative action to insure that applic.ants are employed. and that employee~ are
<br />treated duriltg employment. without regard to the above mentioned c:har9cleristics. Such action shall include.
<br />but not be limited to the following: employment, upgrnding, dcl1lolion. or transfer. recruitment or
<br />recruitnient 'advertising;: lay.offs or terminations: rales of payor (ltller (omls of compensation; and selection
<br />for training, including llpprenticeship. The contractor agrees to ppst in conspicuous places. available to
<br />employees and applicants for cmplqyment, notices to be provided hy the contracting officer setting forth
<br />provisi.on:; of this. nOli-discrimination clause.
<br />
<br />(2) The contractor will, in :Ill solicitations or <ldvertisemcnts fur emplo)'l=t'" placed by or on behalf of fhe
<br />contractor, state that all qualified applicants will receive comideratior1 fql l'mployment without regard to
<br />race, creed, color. natiol1al origin, sex, maritill status, religion, ancestry, \ll~jl:~ or physical handicap. or age.
<br />
<br />(3) TIle contractor wiIl send to each labor union or representative' of wrukers with which he has collective
<br />bargaining agreemetlLD.~lltract or understanding, notice to be pro_vid~d by the contracting. officer;
<br />advising the labor union Qr workers' representative of the contractor'; oummittmellt under the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16. 1975, find of the roles. regulations, and
<br />relevant Orders of the Governor.
<br />
<br />(4) TIle contractor and hhor unions will fumish all information and ~1"lrts requi~ed by Executive Order,
<br />Equal Opporlu~ity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
<br />Governor, or pursuant the,reto, and will'pennit access to his books, record;;, and accounts by the contracting
<br />agency and the office of the Govemor or his designee for purposes of lmestigation to ascertain compliance
<br />with such rules, regulations and orders.
<br />
<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 indi\'idual fro~ 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 />
<br />(6) A labor organization. or the employees or members thereof wiJl nDt.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 pro\'isions 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 discrimin..torJ.
<br />
<br />395-53.QT-C028
<br />
<br />page~ of ~ pages
<br />
|