|
<br />Fonn 0-""C"2B
<br />
<br />SPECIAL pROVISIONS
<br />
<br />CONTROLLER'S APPROVAL
<br />
<br />I. This COntract shall not be deemed valid umil 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.
<br />
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations \)fthe S13te payable after the current fiscal year arc contingent upon funds for that pUrpo~ being appropriated.
<br />budgetcJ and Otherwise made available.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. 'fthis conlract involves the payment of more than fifty thousand dollars for the construction. erection. repair. nbin-
<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 ing 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 sutTIcient bOnd or other acceptable surety to be
<br />approved by said official in a penal sl-lm not less than one-half of the total amOunt payable by the terms of this l;ontraCI. Such
<br />bond shall be dUly executed by a qua Ii lied corporate surety, conditioned for Ihe due and faithful performance of the !;Untrac!.
<br />and in addition. shall provide that inhe contractor or his subcontractors fail to duly pay for an~' labor. materials. team hire.
<br />sustenance. provisions. provendor or other supplies used or consumed by such contraCtor or his subcontractor in perJ,)r-
<br />mance of the work contracted to be Jone. the surely will pay the same in an amount not cxceeding {he sum specified in the
<br />bond. together with imerest at the (ate of eight per cent per annum. Unless such bond. when so reqUired. is executed.
<br />delivered and filed. 00 claim in favor;)fthe contractor arising under this contract shall be audited. allowed or paid. A cerulied
<br />or cashier's check or a bank money ordcr payable to the Treasurcf<)fthe Stale ofColoraJo may be acccplcJ in lieu "fa bond.
<br />This provision is in compliance with 38-26-106 CRS. as amended.
<br />
<br />MINIMUM WAGE
<br />
<br />4. Except as otherwise provided by law. if this contract is in excess of one hundreJ tifty thousand dollars and requires
<br />or involves the employment of laborers or mechanics in the construction. alteration or r<-,pair 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 depanment of highwaYS or the chief engineer is a pany) 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 under the contract shall not pc less than the prevailing rate of wages for work oJ' a similar nature in the county. city
<br />and county, or municipality of the Sulle in which the building or other public works is located. The prcvailing rate ..)1' wages
<br />and the resolution of any disputes rtsulting therefrom shall be as prescribed by 8-16-101 CRS. as amended
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />5. The contractor agrees to c>.lmply with the leller and spirit of the Colorado Antidiscriminmj<)n ACl of 1957. as
<br />amended. and olher applicable law respecting discriminalion and unfair employment pral.:tices (24-34.402. CRS 1982
<br />Replacement VoL). and as required boy Executive Order. Equal Opponunity and Aftirmall\'e Action. dated April 16. 1975.
<br />Pursuanl therelo, lhe jolfOldng pro..jsions shall be cOn/ained in all Slate contracts or Wb-colllracls.
<br />
<br />During the perfonnanl.:e o( this contract. the contrttctor agrees as follows:
<br />
<br />(I J Th~ contractor will not discriminate against any employee or applicant for emplo~'menl because of
<br />race, creed. color, national origin, ~\:. marital status, religion, ancestry, n1enta! or phy~ical handicap, or age.
<br />The contractor will take affinnative action to insure that applicants are (mployed, and that employees are
<br />treated during employment. wilhout regard to the above mentioned characteri>tics. Such action ~hall include,
<br />but not be limited to the following: employment. upgrading, demotion, or transfer, recruitment or
<br />recruitment advertising.; In-offs or terminations: rates of payor other forms of compensation: and seleetion
<br />for training, including apprenticeship. The contractor agrees to post ill eonspiculJus places. available to
<br />employees and applicants for employment, notices to be provided by the wntracting officer setting forth
<br />provisions of this non.discrimination clause.
<br />
<br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor. stafe thai 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.
<br />
<br />(3) The contractor will ~end 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 commiltment under the Executive
<br />O.J~~', E411a.l Opportunity and Aflirmauve AClion, datea Aprii 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor.
<br />
<br />(4) The contractor and Jabor unions will furnish all infonnation and reports requirl'd by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975. and by the (Illes, regulations and Orders of the
<br />Governor. or pu~uant thereto, and will permit access to his books. rel.:orJs, and accounts by the l.:ontracting
<br />agency and the office of ttle Governor or his designee for purposes of in~esligation to ascertain compliance
<br />with such rules, regulatioo$ 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 individual from membership in such labor organization or
<br />discriminate against any of its members in the full enjoyment of work orportunity, because of race, creed.
<br />color, sex. national origin, or ancestry.
<br />
<br />(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel oreoerce
<br />the doing of any act defirled in this contmct to be discriminatory or obstruct or prevent any person from
<br />complying with the provisions of this contract or any order issued thereujlder; or attempt. either directly or
<br />indirectly, to commit any act defined in this Contract to be discriminatory.
<br />
<br />395-53-01.1022
<br />
<br />page~of ~pages
<br />
|