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<br />Form 6-AC-028
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<br />SPECIAL PROV ISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1_ This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
<br />money by the State.
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<br />FUND AV AILABllITY
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<br />2. Financial obligations of the State payable after the current fiscal year are contingent UpOn funds for that
<br />purpose being appropriated, budgeted and otherwise made available.
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<br />BON!) REQUIREMENT
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<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 building, road, bridge, viaduct, tunnel, excavation or other public work tor this
<br />State, the contractor shall, before entering upon the perfonnance of any such work included in this contract, duly
<br />execute and deliver to and me with the official whose signalUre 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-half of the total
<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 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 conltacted to be done,
<br />the SlU"ety will pay the same in an 8fl1ount not exceeding the sum specified in the bond, together with interest at the
<br />rate of eight per cent 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 10 tbe Treasurer of the Slate 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 oth.erwise provided by law, if this contract provides for the payment of more tban 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 the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
<br />contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
<br />prevailing rate of wa.ges for work of a similar nature in Ihe city, town, village or other civil subdivision of the State in
<br />which the building or other public work is located. Disputes respecting prevailing rales will be resolved as provided in
<br />8-16-101, CRS 1973, as amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. TIle contraclor agrees to comply with the letter and spirit of the Colorado Antidiscriminlltion Act of 1957,
<br />as antended, and other applicable IllW respecting discrimination and unfair employment practices (24-34-301, CRS
<br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affinnative Action, dated April 16,
<br />1975. Pursuant thereto, the fol/owint prol1isioflS shall be contained ill all State contracts o~ sub-cont~acts.
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<br />During the perfonnance of Ihis contract, the contractor agrees as follows:
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<br />(1) The contuctor will I\ot discriminate against any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
<br />The contractor will take afflnnative 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 tmnsfer, recruitment or
<br />recruitment advertising>; la~-offs or teooinations; rates of payor other fonns 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 contracting officer setting forth
<br />provisions of this non-discrimination 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 qualified applicants will receive consideration for employmenl without regard to
<br />race, creed, color, national origin, sex, marital stalus, religion, ancestry, mental or physicaJ 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, notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's committment under the E1I:ecutive
<br />Order, Equal Opportunity and Affiooative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all information and reports required by Executh't: Order.
<br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
<br />Governor, or pursuant 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 orders.
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<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 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 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 provisions of this contract or any order issued thereunder; or altempt, either directly or
<br />indirectly, to commit any act defined in this COIl!f<lct to be discri~inatory.
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