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<br />Fonn f>.AC-ll28
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I, This contra~t shall not be deemed valid until 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,
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<br />FUND AVAlLABILITY
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<br />2, Financial obligations of rhe State payable after rhe current fiscal year are contingent upon funds for that purpose being appropriated.
<br />budgeted and otherwise made available,
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<br />BOND REQUIREMENT
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<br />3, (I' this contract involves the payment of more than fifty thousand dollars for the construction. erection. repair. main-
<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 perfonnance 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 sullicient bond or other acceptable surety to be
<br />approved by said ollicial in a penal sum not less than one-half of the total amount payable by the tenns of this contract. Such
<br />bond shall be duly executed by a qualified corporate surety. conditioned for the due and faithful perfonnance of the contract.
<br />and in addition. shall provide that if the contractor or his subcontractors fail to duly pay for any labor. materials. team hire.
<br />sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfor-
<br />mance of the work contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the
<br />bond, together with interest at the rate of eight per cent per annum, Unless such bond. when so required. is executed.
<br />delivered and filed. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid, A certified
<br />or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond,
<br />This provision is in compliance with 38-26-106 CRS, as amended,
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<br />MINIMUM WAGE
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<br />4, Except as otherwise provided by law. if this contract is in excess of one hundred fifty thousand dollars and requires
<br />or involves the employment of laborers or mechanics in the construction. alteration or repair 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 department of highways or the chief engineer is a party) within the geographical limits of the Slate. 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 be less than the prevailing rate of wages for work of a similar nature in the county, city
<br />and county. or municipality of the State in which the building or other public works is located, The prevailing rate of wages
<br />and the resolution ot' any disputes resulting therefrom shall be as prescribed by 8-16-10 I CRS. as amended,
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<br />DISCRIMINA T10N AND AFFIRMATIVE ACTION
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<br />5, The contractor agrees to comply with the letter and spirit of the COloradOW, iditrimination Act of 1957, as
<br />amended, and other applicable law respecting discrimination and unfair employme~~ ",c';~'i'24-J~.402, CRS 1982
<br />Replacement VoL). and as required by Executive Order. Equal Opportunity and Am,Mati :s:..j,bn.. d'lted April 16,1975,
<br />Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts,
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<br />During the perfonnance of this contract. the contractor agrees asIfN F'r' ':'(
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<br />(I) The contractor will not discriminate against any employee or applitiJrlt f(;'r employment becanse of
<br />race. creed. color. national origin. sex. marital status. religion, ancestry. mental or physical handicap. or age.
<br />The 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. recruitment or
<br />recruitment advertising;: lay-offs or terminations: rates of payor other forms 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 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 />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 />C....:,;;.. i::yual Oppununjiy aHa Afnrrnauve Action. dateo ApnJ 16, J975, 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 Executive 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 attempt, either directly or
<br />indirectly. to commit any act defined in this contract to be discriminatory,
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<br />395-53.()1-1022
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