<br />F.........t.-AC-4l2B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLE~'S APPROVAL
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<br />I. This COntract shilll not be;: dc~med villid until it shall have' been ilpproved by the Controller of the Stale of Colorado or ~uch
<br />assistant as he may de~ignate. This provision is applicable 10 any contract involving thc payment of money by the Slate.
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<br />FUND AVAILAnILlTY
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<br />::!. Financidl obligations of the Stalc paYilble after the CUTTent fiscal year ilrc contingent upon fund~ for that PUflXJ'>t: tJcing <.lppmprimcd.
<br />budgeted and Otherwi>e Tll<.lde availabk.
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<br />BOND REQUIREMENT
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<br />3. If this Contract involves the :payment of more than fifty thousand dollars for the construction. erection. repair. main-
<br />tenance, or improvemenl of any building. road, bridge. viaduct. tunnel. e)(ca\"ation 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 C1I:ecute and deliver to and
<br />lile with the offiCial Nhose signature :'ppears below for the State. a gO<Xl and sl.ttlicient bOnd or other ilcceptable surety 10 be
<br />approved by said ollicial in a penal slim nOlless than one-half of the total amOl1nt payable by the terms of this contrac!. Such
<br />bond shall be duly e)(ecuted by a qualified corporate surety. conditioned for the due and faithful perfonnance of the contract.
<br />and in addition, ;hall provide that if the contractor or his ~ubconlractors fail to duly pay for any Ia.bor. materials. tcam hire.
<br />sustenance. provisions. provendor or other supplies used or consumed by such contractor or hi; subcontractor in p~rfor-
<br />mance of the WOrk contracted 10 be done. the surety will tlay the same in an amount not exceeding the sum spccified in the
<br />bond. together with interest at the rate of eight per cent per annum. Unles~ such bond. when so required. is exccuted.
<br />delivered and filed. no claim in favor ufthe contractor ariSing under this contract shall be audited. allowed or paid. A ccrtified
<br />or cashier's check or a bank money order payable 10 the Treasurer of the State ufColorado may be accepted in lieu of a honJ.
<br />This provision i~ in compliance with JIl-::!6-I06 CRS. qS amended.
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<br />WACE
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<br />4. E1I:cept as othe"""'1 t'd by law. if this contract is in excess of one hundreJ r sand dollar~ and requires
<br />or involves the employment of laborers () nics in the construction. alte r repair of any building or other puhlic
<br />works (e)(cept highways. highway bridges. underpass ructures of all kinds or COlltracts for any purpOse 10
<br />which the state d~partment of highwa}'s or the chief r IS a pa . hin the ge'l!!faphieal limits of the Slatc. the r,lle of
<br />wages for alllaoorers and me.::hunics e y the contractor or any subco nlllhe buikJing or nlhcr public works
<br />covered under the contrac not be less than the prel'ailing rale of wages fQr \Hlrk nl a S :lture in the county. city
<br />and county. clpality of the State in which the building or other puhlic I',wks i~ located. The pre\, 'ule of Wages
<br />resolution of any disputes n~sulting therefrom shall be us preseribeli by X-lti-IOI CR~. a~ amended
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<br />DISCRIMINATION AND AfFIRMATIVE ACTION
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<br />5. The COntractor agrees to comply with the lellcr and spirit of the Colorado Antidiscritninatinn Act of 1957. as
<br />amended. and olher applicable law respecting discrimination and unf:lir employment praetico.::s (24-.H'40::!. CRS 1'-J82
<br />Replacement Vo!.). and us required by Executi\'e Order. J:.qual Opportunity attd Allirmafil"e A<.:tion. dated April [6. 1975
<br />Pursuant therelO, the following prol'l'sions shall be comaifled in all Statt? ('onrfacts Of sub-coll/ructs.
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<br />During Ihe perfunnance of Ihis contmcL the Contmctur agrees as follows:
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<br />(II The cOlltrador will not Jiscriminale against any employee or applicant for l'mploymenl beCtlllse of
<br />race, creed, color. national origin, '-C\. maritaj ~tatu~. rdigiun, ancestry, ll1enlal or llhy~ical handicap, III age.
<br />The COntractor will take affirmali\'e action tf) insure that applicants are employed, and Ihat employees are
<br />treated during emploYlllent, ",ithoul regard to the above mentioned chamcteri~tics. Such action ~hall inclUlle.
<br />but not be limited to the following: employment. upgrading. demolion. or tramfer, recmitmt'nt or
<br />recmitntent ai.l\"ertising.: lay.ofh or terminafions: rate~ of payor other for1ll\ of l'Olnpensalion: and '-C1~clion
<br />for training, including apprelllice~hip. The contractor agree.. to pmt itl conspicuous places. available to
<br />employees and applicants for employment. 110tices to ht: provi<1ed by the contral.:ting offi.:er ..etting forth
<br />provisions of this non.discrimination clause.
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<br />(2) lhe contractor ",ill, in all solicitations or advertbements fur employees placed hy or on behalf of the
<br />contracltlr. state that all qualified applicants will recei\'e consi~erati()n for employment \\.ithout reglud to
<br />race, creed. colur, national origin, sex, marita.! ..talus. religion, ancestry, mental or Ilhy..ical handicap, or age.
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<br />(3) lhe contractor will send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or olher contract or understanding, notice to be IlfilVided by the conlrdcting officer,
<br />advising the labor union or workers' representative of the contractor's cummittment under the Executive
<br />Order. Equal Opportunity and Affinnative Action. daled 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 infurmati()n and reports reqtlired by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, re~lations aud Orders of the
<br />CovernQr, fir pursuant thereto. aud will permit access to his books, records, and aCICounts by the contl',lcting
<br />agency and the office of the Covernor or his designee for purposes of investigation to ascertain compliance
<br />with su<:h mles, regulations and orders.
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<br />(5) A labor organization will not exclude any individual otherwise qualified from full membership ri&hts in
<br />such labor organization, l)r expel any such individual from nu~mhen,:hip in sUi;h labor orgaflilation or
<br />discriminate against any of ifs members in the full enjoyment of work opportunity, because of race, creed,
<br />color, sex, national origin, vr ancestry.
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<br />(6) A labor organization, or the employees or members thereof will not aid, abet. incite. compel or <:oeree
<br />the doing of any act defined in this conlmet to be discriminatory or obstruct or prevent any person from
<br />complying with the provisions of this contract or any order is~ll~d thereUrlder; or attempt, either directly or
<br />indirectly, to commit any act defined ill this Contract to be discriminatory.
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<br />395.53-01-1022
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