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<br />Fmm h-M<.0211
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<br />Sl'loCIAL 1'HOVISIONS
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<br />CONTROLLER'S API'ROV AL
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<br />1. This contract shnU not be deemed valid until it shall have been approved by the Controller of the Stnte of
<br />. Colorado or such ass)stant as he may design:!t!'. This pruvisioll is :!pplic:!ble to any contract involving the p:!yment of
<br />money by the State. '
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<br />FUND AVAILABILITY
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<br />2. Fillnllcial oblig.atiolls of the State payable after the current fiscal year are contingent upon funds for that
<br />purpose being appropriated, budgeted and otherwise m::lde availab]e.
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<br />BOND REQUIREMENT
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<br />3. If this' contract involves ~he p<lyment of more than ten thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge. viaduct, tunnel, excavation or other public work for this
<br />Slate, the contractor shall, before entering upon the perfonnance of any such work included in this contract, duly
<br />execute and deliver to and file with the official whose signature appears below for the State, a good and 'sufficient
<br />bond or other acceptable surety to be approved. by said official in a penal sum not less than one-naif of the total
<br />amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporale surely,
<br />conditioned for the due and faithful pcrfonnance of the contract, and in addition, shall provide that if the contractor or
<br />bis subcontractors fail to duly pay for any labor, malerials, learn hire, sustenance, provisions, provender or other
<br />supplies used or consumed by such contractor or his subcontractor in pefonnance of the work contracted to be done,
<br />the surety will pay the same in an amount not exceeding Ihe sum specified in the bond, together with interest at the
<br />rate of eight per cenl per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in
<br />favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a
<br />bank money order made payable to the Treasurer of the 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 contract provides for the payment of more than five thousand
<br />dollars and requires or involves the employmE'l1t of laboren; or mechanic.s in the construction, alteration or repair of
<br />allY building orother public ~ork, (except highw<lYs, highwny bridges, ullderpasses and highway structures of all
<br />kinds) within the geographical limits of the State, the rate of wage for alllahorers :l11d mechllllics employed by the
<br />contractor or any subcontractor on the blliJding ur public work covered by this contract .~hall be not less th:ln Ihe
<br />prevailing rate of wage:! for work of a similar nature in the city, tll~n, village or other civil subdivision of the State in
<br />which the building or olher public work is located, Disputes respecting prevailing rates will be resolved as provided in
<br />S.16,IOI. CRS 1973, as amended. .
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. TIle cOlltr.actor agrees to comply with the letter and spirit of thE; Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respectirlg discrimination and unfair employment practices (24-34-301, CRS
<br />1973, as omended), ond::ls required by Exccuti\'e Order, Equal Opportunity and Affinnative Action, dated April 16,
<br />1975. Punllanl thereto. thl' [of/owing provi.~iollS shall be cuntained in all Slate contracts or sub-contracls.
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<br />During the perflJnll::JIK'e of this contract, the contractor agrees as follows;
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<br />(I) The contractor will not discriminate against allY emplQyee or applicant for employment because of
<br />race, creed, color, national origin, sex, Ill,arilal status, religion, anc~stry, mental or physical handicap, or age.
<br />TIle 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, recmitmellt or
<br />recnlitment advertisings; lay-offs or temlillatiolls; mtl'S of payor other fomls of compensation; and selection
<br />for tmining, including apprenticeship. The cuntractor agrees to post in conspicuous places, availabl~ to
<br />employees and applicants for employment. notices to he provided by the contracting. officer setting forth
<br />provisions of thi.~ lion-discrimination clause. .
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<br />(2) TIle contractor \~ill, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor, state that aI] qualified applicants will receive consideration for. employment ~thout regard to
<br />race, creed, color, national origin., sex, m:uital 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, lIotice 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, EquaI" Opportunity and Affinnative Action, dated April 16, 1975, and of the rules, regulations, and.
<br />relevant Orders of the Governor.
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<br />(4) 111e contractor and labor unions will furnish all infonnation and reports required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, a\ld 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 />v.ith such rules, regulations and orders,
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<br />(5) A labor organization will not exclude any individual otherwise qualified from full membenihip rights in
<br />such labor organization, or expel any such individual 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.
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<br />(6) A labor organization, or the employees or members thereof v.ill not aid, abet, incite, compr-I 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 />39S-53.01-C028
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