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<br />:F"lm 6-'\('-02"
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROV A.L
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<br />I. Thi~ cOl1trnct shall nol he deemed valid unlil it shall h:1\'e been approved by the Controller of the St:lle of
<br />Colorado or SUdl assistant tlS he nla~' de\igllate. This provision is applicable to all~. contract invohing the payment of
<br />money by the St:lte.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of Ihe State puyable after the current fisc:.!1 year are contingent upon funds for thai
<br />purpose being appropriated. budgeted and otherwise m:.!de ;lv,lilable.
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<br />BOND REQUIRHfENT
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<br />3. If this contract involw.\ the p:.!)"mcnt of more than ten thousand dollars for the construction. erectinn, repair.
<br />mllintenancc. or improvl'mcnt of any huilding. rolld. bridge, viadul.t. tunnel. exc<lvalion or other public work for this
<br />State, the conlractor shall. beforc entering upon the perfonnllnce of any such work induded in this contract. duly
<br />execute and deliver to and file with the official whose signature appears below for the Slale, a good and .~ufficient
<br />bond or other acceptable surety 10 be approved by said official in a penal sum not less than nne-half of the IOtal
<br />amount payable by the tcrm.~ of this \,;onlract. Such bond shall be duly executed by a qualified corporate sur~ty.
<br />conditioned for the due and faithful performance of the contract. and in addition. shall provide that if the contractor or
<br />his subcontraclOrs fail to duly pay for any labor, materials. team hir~, sustenance, provisions, provender or olher
<br />supplie.~ used or consumed by ~uch contraclor or hi,~ subt:ontractor in pefonnance of the work contracted to bt' 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 cent per annum. Unless such bond, when so required. is executed, delivered and filed, no cl(lim in
<br />favor of the contractor arising under thi~ 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 C(llorado may be accepted in leiu of a bond.
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<br />MlNIMUM WAGE
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<br />4. Except as otherwise provided by I"w, if this contract provides for the payment of more than five thllllsand
<br />dollars and requires or involves the employment of laborer.; or mechanics in the construction, alteration or repair of
<br />any building or other public work. lexcept 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 wages for work of a simil:n nature in the city. town. village or other civil subdivision of the Stale in
<br />which the building or other puhlic work is located. Disputes respecting prevailing rates will be resolved as provided in
<br />8.16.101. CR$ 1973. as amended.
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<br />DlSCRIMINA Tlo"N AND AFFIRMATIVE ACTION
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<br />5. The contmctor agrees to comply with the letter anu ~Iliril of the Colorado Antidiscrimination Act of 1957.
<br />as amended. and other applicable law respecting di~crimination and unfair employment practices (1+34-4CQ.. CRS
<br />1973, as amended). and as requift':d by E:\ecuti\'t' Order. Equal Opportunity and Affinnative Action. d3ted April 16.
<br />1975. Pursuant thereto, the JoJlowing provisiol/s shall be l'olltailJed ill all State contracts or sub-contructs.
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<br />L>uring the perfonnance of this coutnlet. the contractor agrees as follows:
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<br />(I) The contractor will not discriminate against allY employee or applicant for employment becaus!;' of
<br />rac!;'. 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 8re
<br />treated during employment. without regard to the above mentioned characteristics. Soch action shall include.
<br />but not be limited to the following: employment. upgrading. demotion, or transfer. recnlitmellt or
<br />recruitment advertisin~; lay.offs or tenninations: 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 he provided by the contracting officer setting forth
<br />provisions of this lIon.discrimination clause.
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<br />(2) TIle 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 />Order, EquaJ Opportunity and Affirmative 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 Executive Ord~r.
<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 pennit access to his books, records, and accounts by the contr:Jcting
<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 />395-53.01-C 028
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<br />page~ of -L pages
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