<br />Form 6.AC.(J2B
<br />
<br />SPECIAL PROVISIONS
<br />
<br />CONTROLLER'S APPROV AL
<br />
<br />I. This contract shall not be deemed v;llid until it shall have been approved by the Controller of the State of
<br />Colorado or such assistant as he may de~igllate. This provision i~ applicable to any contract involving th~ payment of
<br />money by the State.
<br />
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations of the State p;IYi.lble after rhe current fiscal year are contingent upon funds for that
<br />purpose being appropriated, budgeted and otherwise mnde avail:.lble.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. If this contract involves the paymcnt of more than ten thousand dollars for Ihe construction, erection. repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excilvation or olher public work for this
<br />Slate, the contractor shall. hefore entering upon the performance of any such work included in this contract. duly
<br />execule and deliver to and file with the official whose signature appears below for the State, a good and sufficient
<br />bond or other acceptable surely to be approved by said official in a penal sum no! less than one-half of the total
<br />amount payable by the terms of this contrac!. Such bond shall be duly executed by a qualified corporate surety.
<br />conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or
<br />his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
<br />supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to ~ 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 cen! per annum. Unless such bond, when so required, is ex.ecuted, 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 enlorado may be aCl:epted in leiu of a bond.
<br />
<br />MINIMUM WAGE
<br />
<br />4. Except as otherwise provided by law, if this contract provides for the paymenl of more than five thousand
<br />dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
<br />any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
<br />kinds) within Ihe geographical limits of the State. the rate of wage for aJllaborers and mechanics employed by the
<br />contractor or :my subcontractor on the building or public work covered by this contract shall be not less than the
<br />prevailing rate of wage~ for work of a similar nalure in the city, town, village or other civil subdivision of the Slate in
<br />which the building or other puh]ic work is ]nc<lted. Disputes respecting prevailing rates will be resolved as provided in
<br />8-16-101. CRS 1973, as amended.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />5. The contractor agrees to comply \\.1th the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (:!4-3-1-4Q;l. CRS
<br />1973, as amended), and as required by Executive Order. Equal Opportunity and Affinnative Action. dated April ]6,
<br />1975. Pursuant thereto, the following pro"L~i()Il.~ .~hail he cVlllained ill all State contract.~ or su~conlm('(s.
<br />
<br />During the performance of this contract. the contractur agrees as follows:
<br />
<br />(I) The contractor will not discriminate againsl allY employee or applicant for employment becallse of
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap. or age.
<br />The contractor will take affimlative action to insure that applicants are employed. and Ih<lt employees are
<br />treated during employment, without regard to the above mentioned cllaracleristics. Such action shall include,
<br />but not be Jimiled to the following: employment. upgrading, demotion, or transfer, recruitment or
<br />recruitment advertisings; lay-offs or tenninations; rates of payor other forms of compensation; and selection
<br />for training, including apprenticeship. The contractor agrees to post in conspicuous places, available 10
<br />employees and applicants for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non-discrimination clause.
<br />
<br />(2) The contractor will, in all solicitalions 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,
<br />
<br />(3) The contractor will send to each labor union or representative of worke~ 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 Affinnative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor.
<br />
<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 pU~llant thereto, and will permit 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 orde~.
<br />
<br />(5) A labor organization will not exclude any individual otherwise qualified (rom 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.
<br />
<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 pr.ovisions of this contract or any order issued thereunder; or attempt, either directly or
<br />indirectly, to commit any act defined ih this contract to be discriminatory.
<br />
<br />395-5J.Ol-C 028
<br />
<br />page~ of ~pages
<br />
|