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<br />Fr,rm 6,AC-028
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<br />SPECIAL PHOVISIONS
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<br />CONTROLLER'S AI-'PHOVAL
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<br />I. This contract shalll10t he deemed valid until it f;h:lll have heen approvcd by the Controllcr of the State of
<br />Colomdo'or such assistHlI1 as he may dcsignOlte. TIlis provision is applicable to any contract involving the p:lYHlcnt of
<br />mon('~' by the StOlte.
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<br />FUND A V AILABILllJ'.
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<br />2. Financi:ll oblig:ll ions of l.he State pnyable after tne current fISCal year are contingent upon funds for that
<br />purpow being appropriated,' budg~ted and otherwise made 3vailable.
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<br />BOND REQUIREMENT
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<br />3, If this contract involves the payment of more than fen thousand dollars for the conslruction, erectioll, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, ex.cavation or other public wor~, for this
<br />State, the contractor shall, before entering upon the performance of any such work included in this contrnct, duly
<br />ex.ecute and deliver to and file with the official whose signature appears below for the State, a good and ~llfficient
<br />bond ()r other acceptable s\llety 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 ,~hall be duly ex.ecuted by a qualified corporatl' surety,
<br />conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the conlmctor or
<br />his subcontractors fail to duly pay for any labor, materials. team hire. sustenance, provisions, provender qr other
<br />supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to he done,
<br />the surety will pay the slime in an amount not exceeding the sum specified in the bond, together with interesl at the
<br />rate of eight per cent per annum. Unless' such bond, when so required, i,~ ex.ecuted, delivered and filed, no claim in
<br />favor M the contractor adsing 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 tl'IlUS;wd
<br />dollars nnd requires ur jll'''olp~s the employment of laborers or mechanics in the const~uction, alteration or r~pair of
<br />any huilding or oth"r puhlic work, (except highways, highway brid~es, underpasses :llld highway structur{'~ of all
<br />kinds) within the geogrHphicallimits of the State, the rate uf wage for all laborers and meclllmics employed hy the
<br />contmctor or any subcontractor on the building or public work covcred hy this contrnct shall be not less than the
<br />prevailing rate of wages for work of a similar nature in the city, town, villHge or other civil subdivision of the Slate in
<br />which the building or olller public work is located. Disputes respecting prevailing rates will be resolved as pl"O'fded in
<br />8-16-' 01, CRS 1973, as llmended.
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<br />DISCRIMINATION ANn AFFIRMATlVE ACTION
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<br />5, The contractor llgret:S to comply with the letter anri spirit of the Colorado Antidiscrimination Act (If 1957,
<br />as amended, and other appli~able law respecting discrimination and Ullfair employment practices (24-34-3{i1, CRS
<br />1973, a~ amended), and a~ I't'tJuired by Executive Order, Equal Opportllllity and Affinnative Action, dated April 16,
<br />1975. Pursuant thereto, rl!e following pruP/\iofls shall be contained in all Srate contracts or sub-contracts,
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<br />During the perl'!Jnnallce of this contract, the contractor agree~; a, follows:
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<br />(I) TIle cunll'Hctor will not discrimi'1ute against any employee or appJicOlllt for employment becflllse of
<br />race, creed, colol'. n<ltionaJ origin, sex, marital statu", religion, <lm'estry, mental or physical handicap. or age.
<br />nIe contrOlctor will lake affirmative action to insure that applkltnts are employed, and that emploH\'s are
<br />tre<lted duringemploymellt, 'Without regard to the above mentioned characteristics, Such action shall illdude,
<br />but not be limiled to the following: employment, upgrading, demotion, or transfer, recrnitm':nt or
<br />recruitment advrrtisil1~; lay-offs or terminations; r.lIes Of.POl}' or lIlher fonns of compensation; and s<.:lcl;tion
<br />for training, illdllding apprenticeship. TIle contrador agrees t(l post in conspicuous places, availaHe 10
<br />employees :11ld applicants for employment, notices to be pI m'ided by the contracting officer setting forth
<br />provisions of thi~ nOll-discrimination clause.
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<br />(2) The cl!nttadOl' will, in all solicitations or advertisemel1l~ fill employees placed by or on behallnf the
<br />contractor. st(ll(' th"t all qualified applicants ",'ill receive cnn~jderation for employment ""ithout fl'(!flld to
<br />race, creed. calm, rwlionaJ origin, sex, marital status, religion, ancestry, ment:u or physical handicap. OJ age_
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<br />(3) The f:lInh'actOJ' will send to each labor union nr represt'llt<llil'e of workers with which he has collective
<br />ktrgailling llgtl'ement or other contract or understauding, notice tf) be provided by the contracting flUker,
<br />advising the labl,r union or workers' represen!atin~ of the ((mtrador's committment under the Ext'cutive
<br />Order, EqWl1 Opportunity and Affinnative Action, dated Arril16, 1975, and of the rules, regulatillm. and
<br />relevant Orders of the Governor.
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<br />(4) The cmil!:lctor and labor unions 'Will furnish all informati'll1 and reports required by Exccutiw Order,
<br />Equal Oppurtuuity and Affirmative Action of April 16, 1975, and by the rules, regulatiolls and Orders 'Jf the
<br />Governor, or pursuant thereto, and will pennit access to his books, records, :lnd accounts by the contracting
<br />agency and the office of the Governor or his designee for purposes of investigOltion to ascertain compliance
<br />with such rules, regulations 3nd orders,
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<br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
<br />such' labol" 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 />colol", 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 is~ued thereunder; or attempt, either directly or
<br />indirectly, to commit any act defined in this contract to be discriminatory.
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