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<br />FOIm 6.AC-028
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. 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 AVAILABILITY
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<br />2. Financial obligations of the Slate payable after the cllrrent fiscal y~ar are contingent upon funds for that
<br />purpose being appropriated, budgeted and otherwise made available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involves the payment of more than ten thousand dollal'S for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, ,iaduct. tunnel, excavation or other public work for
<br />this State, the contractor shall, before entering upon the performance of any such work included in this contract,
<br />duly execute and deliver to and file with the official whose signature appears below for the State. a good and
<br />sufficient bond to be approved by said official in a penal sum not less than one.half of the total amount payable
<br />by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the
<br />due and faithful performance of the contract. and in addition. shall provid~ that if the contractor or his subcon.
<br />tractors fail to duly pay for any labor, materials. team hire, SU!ltenance, provisions. provender or other supplies used
<br />or consumed by such contractor or his subcontractor in performance of the work contracted to be done. the surety
<br />will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the rate of
<br />eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor
<br />of the contractor arising under this contract shall be audited, allowed or paid.
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<br />MINIMUM WAGE
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<br />4. Except as otherwise provided by law, if this contract IJrovides 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 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 wOlk 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 C>r other civil subdivision of the State in
<br />which the building or other public work is located. Disputes re~,pecfing prevailing rates will be resolved as provided in
<br />8.16.101, CRS 1973, as amended.
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<br />DISCRIMINA nON AND AFFIRMATIVE ACTION
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<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957.
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS
<br />1973, as amended), and as required by Executive Order, Equal Opportunity ~nd Affirmative Action, dated April 16,
<br />1975. Pursuant thereto, the following provisions shall be contained in all State t:ontracts or sub-contracts.
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<br />During the performance of this contract, the contractor agrees as follows:
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<br />(1) The contractor will not discriminate against an:, employee or applicant for employment because of
<br />race, creed, color, national origin, sex, marital status, leligion, anceshy, 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 employmenl, without regard to the abov~ mentioned characteristics. Such action shall include,
<br />but not be limited to the following: employment, upgrading. demotion, or transfer, recruitment or
<br />recruitment advertisings; 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 seUing forth
<br />provisions of this non-discrimination clause.
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<br />(2) The contractor will, in all solicitations or advertisements for e1l1ployees placed by or on behalf of the
<br />contractor, state that all qualified applicants will recdve consideration for employment without regard to
<br />rac~, 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 .-epresentative Clf w"orkers 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 contractQr's committment under the Executive
<br />Order, Equal Opportunity and Affirnlative Action, dated April 16, 1975, and of the Mes, 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 10 his books, records, and accounts by the contracting
<br />agency and Ihe office of the Governor or his des.ignee for purposes of investigation 10 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 enj')yment 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 dbcriminatory at obstruct or prevent any person from
<br />complying with the provisions of this contract or any order issued th~reunder; or attempt, either directly or
<br />indirectly, to commit any act defined in this contract 10 be discriminatory.
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