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<br />Fflrm 6-AC-02H
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1. This contract shall not be deemed valid until it ~hall have'been approved by Ihe Controller of the St:tte of
<br />Colorado or such assistant as he may design:ltc. TIlis provision is applicable to llny coutrad invoking the payment of
<br />money by the State.
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<br />FUND A V AIlA8I1ITY
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<br />2. Financial obligations of the State payable after the currO;'nt fiscal yellr are contingent upon funds for thai
<br />purpose being appropriated, budgeted and otherwise Illade av..ilable.
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<br />BOND REQUIREMENT
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<br />3. If this COnlracl involves the payment of more than ten thousand dollars for the construction, crectiqn. repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel. e"cavation or other public work for this
<br />State, the contractor shall, before entering upon the performance of any such work included in this contract, duly
<br />eXecute and deliver to and file wilh the official whose signature appears beloW for the State, a good and sufficient
<br />bond or other acceptable surety 10 be approved by said official in a penal som not less than one-half of the tutal
<br />amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,
<br />conditioned for the due and faithful perfonnance of the contract, and in addition, shall provide lhat if the contractor or
<br />his subcontractors fail to duly pay for any labor. materials, team hire, sustenance, provisions, provender or other
<br />supplies u~d or consumed by such contractor or his subcontractor in peformance of the work contracted to be done,
<br />the surety will pay the same in ..n amount nol exceeding the sum specified in (he bond, together with interest at the
<br />rate of eighl per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in
<br />favor of the contraclor arising under this contract shall be audited, allowed or paid. A cert:fied 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 employment of laborers or mechanics in the construction, alteration or rep:lir of
<br />any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
<br />kinds) within the geographicallilflits of the Slate, the rate of wage for alllabo,ers and mechanics employed by the
<br />Contrdctor or any subcontractor on the building or public work covered by this contract shall be not less than the
<br />prevailing rate of wages for work of a similar nature in the city, town, village or other ch'i1 subdivision of the State in
<br />which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
<br />8-16-101, CRS 1973, as amendetl.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The contractor agrees to comply with the letter and spirit of the CoJorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair emllloyment practices (24-3.t.301, CRS
<br />1973, as amended), and as required hy Executive Order, Equal Opportunity ancl Affirmative Action, dated April 16,
<br />1975. Pursuant thereto, the lvI/owing prOl'isions shall be contained in all Slate cOil tracts or sub-contracts..
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<br />During the perfonnanc~ "f this contrncl, the contrnctor agrees as follows:
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<br />(I) The contractor will not discriminate against any employee or 31Jplicant for employment because of
<br />race, creed, color, natiorJal origin, sex, marital status, religion, ancestry, mental or physical handicllJ>, or ag\:o
<br />The contractor will take affinnative action to insure that applicants are employed, and that employees arc
<br />treated during employment, v.itho;,lt regard to the above mentioned char.acteristics. Such action shaH include,
<br />but not be limited to the follo\ving: employment, upgrading, demotion, or tmllsfer, recruitment or
<br />r~ruitmenl adverlisings; lay-orrs or terminations; mtes of payor other fonus of compensation; and selection
<br />for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
<br />employees and applicants for employment, notices to be provided by the contmcting officer setting forth
<br />provisions of this non-distrimination clause.
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<br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor, state that all qu:1lificd 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.
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<br />(3) The contractor will send to each labor union or representative of workers with which he has collective
<br />l:ugailling agreement or other contnact or undel'Standing, 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 Opportunil)' and Affinnative Action, dated April 16, 1975. and of the ruJes, regulations, and
<br />relevant Orders of the Got'emor.
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<br />(4) The contractor IU!d labor unions ",ill fumish all infonnation and reports required by Executive Order,
<br />E(lual Opportunity and Mfinnativ_e Action of April 16, 1975, and by the rules, regulations and Ordt.'rs 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 iiwestigatilln to a'iCert:!in compli.:mce
<br />with such rules, reguJatiol1S and orders.
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<br />(5) A labor organization will not exclude an)' individual otherwise qualified from full memhership rights ill
<br />such labor organization, or expel any such individual from member5hip in such labor organization or
<br />discriminate against any of its members in the full enjoyment of work opportunity, bec.ause of mce, creed,
<br />color, sex:, national origin, or ancestry.
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<br />(6) A labor organization, or the employees or members (hereof will not aid, abet, incite, compel or coerce
<br />the doing of any act defined in this contract to be discriminatory or obstmct or prevent any person from
<br />complying with the provisions of this contract Of any order issued th.ereunder; or attempt, either directly or
<br />indirectly, to commit any act defined in tl,is contract to be discriminatory.
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