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<br />form ,"AC~!B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I, This comrilct shall not be deemed villid until it ~haJl hiwe been approvl.."l.I by the Cofl{roller of Ihe Stilte ufColorado m .<.uch
<br />ii.<.sistant as he mily designate. This priWi~ion is applicable to any contracl invulving the ~ymclll of money by thc Stilte.
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<br />FUND AVAILABILITY
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<br />2, Finiull.:ial oblig:llions ofthc State P'lYilble after the current fiscal YC1lr arc contingclII upon fund... I;Jr that purpo:.e b..'illg apprnpri<ltcd.
<br />budgeted and otherwi:.e rnilde availabl~.
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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 .:onstruction. erection. repair. main.
<br />tenance. or imprm'ement of any builJing. road. bridge, viaduct. tunnel. c)(cavation or olher public works for this State. the
<br />contractor shall, before enter jng Ihe perfonnance of any such work included in this contract. duly c)(ecute ilnd deliver to and
<br />file with the official whose signature <Ippears below for the State. a good and sutTIcient bOnd or other acceptable surety to be
<br />approved by said otlicial in a penal sum not less than one.halfofthe Iota I amount payabl<= by the terms oflhis contract. Such
<br />bond shall be duly e)(ecuted by a qualilied corporate surety. conditioned for the due and faithful performance of the contract.
<br />and in addition. shalt provide that if the contractor or his subcontractors fail to duly pay for any labor. materials. team hire.
<br />SUSlenance. provisions. provendor or other supplies used or consumed by such contra.:tor or his subcontractor in pl'rfor-
<br />mance of the work contracted to be done. the surety will pay the same in an amount not exceeding Ihe sum ~pecifjed in the
<br />bond. together with interest at the rate of eight per cent per annum. Unless such bo(1d. when so required. is e)(ecuted.
<br />delivered and filed. no claim in favorufthe contractor arising under this contmct shall be ;luditcd. illlowed or paid. A certitied
<br />or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may he lIcceplcd in lieu {)f a hondo
<br />This provi~ion is in compliance with .18.26-106 CRS. as amended.
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<br />MINIMUM WAGE
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<br />4. Except <IS otherwise provided hy law. iflhis contract is in e)(cess Dfone hundred lifty thou~and dollars and rel.juircs
<br />or involves the employment of laborers or mechanics in the construction. alter:ttion or repair of ilny building. or other public
<br />works (except highways. highway briJges. underpasses and highway structures of all kir1ds or contracts ror <lny pUrpl.l\e to
<br />which the state department ofhighway-s or the chief engineer i~ a pany) within the geograehiCill limits of the State.tll<: rale Df
<br />wages for atllaborers and mechanics ~mployed by the contractor or any sutll:Ontrilctor o(lthe building or olher public v,llr!.;s
<br />co\'ered under Ihl.' contraCt shalt not be le~s than the prel'ailing rate Ill' wage~ fOr work {If a simililr n<tture in Ihe counly. city
<br />and county. or municipilliLy of the St3te in which the building or other public worh i~ 1,1':3ted. The pre\ ililing rale of wages
<br />and the resolution of any disputes resulting therefrom shall be as prescrihcd by 8.16,101 CRS. a~ amcnded.
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<br />DISCRIMINATION AND AFFIRM,HIVE ACTION
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<br />5. The contractor agrees to c{1mply with the leller and spirit dthe Colorado Antidiscrimination Act .If 1957. as
<br />amended. and other applicable law respecting discrimination and unfair employment practices (2~-J~-402. CRS 1982
<br />Replacement Vol. I. and as rClluired by Executive Order. Equal Opportunity and Aflinn:1ti\'C Action. dated April 16. 1975.
<br />Pursuant thereto, the folloh'ing prol,isions shall be conlained in all State ('Oll/racts (Jf Sllb'cOll(racf~.
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<br />During the perfonnance uf lhis contract. the contractor agrees as follows:
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<br />(I) The cuntraclor will not discriminale against any employee or applicant for cmpluYlllt'lll becau..e of
<br />rdce, creed, color. national origin, !;c'<, marilal ..tatus, religion, ancestry, menla/or physical handicap. tlr age,
<br />The contractor will take affirmative action to insure that applicants are employed, and thaI l'mployees ate
<br />treated during employment. without regard to the above mentioned charaderistics. Such action shall include.
<br />but not be limited to ttle following: employment. upgrading, demotion, or transft'r. recruilment or
<br />recruitment advertisillg!l; lay.offs or tenninations; rates of payor uther fonTIs of ctJIllpemalion: ilnd selection
<br />for training, including apprenticeship. 111e contractor agrees 10 post in conspicuous places. available to
<br />employees and applicants for employment, notices to be provided by tht contracling officer ~Iling forth
<br />provisions of this nOll.discrimination clause.
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<br />(2) The contrdctor will, In all ~olicitations or adverti~ments for employees placed by or un behalf of the
<br />contractor, state Ihal aU 'jualified applicants will receivl: cOIl~ideralion fllr employment wilhout regard to
<br />race, crced. color, nationalllrigin, se~. marita! stat liS, religion, ancestry, menIal or phy...il'aJ handicap. or age.
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<br />(3) The contractor will stnd to each labor union or representati\le tlf wuril.er.> \\.-ith which he has collective
<br />bargaining agre;:-ement or lither contract or understanding. notice 10 be pulvided by Ihe conlmcting officer,
<br />advising the Jabor union or workers' reprl:sentafive of the contractor's commitlment under the E)(ecutive
<br />Order, Equal Opportunity and Affinnative Action, dated Allril 16, 1975, and of the rules, regulations. and
<br />relevant Orders of the GO\lernor,
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<br />(4) The contra.::lor and I;lbor unions will furnish all infunnalion and re\lorts required by hecutive Order,
<br />Equal Opportunity and Aflirmative AclitlllOf April 16, 1975, and by the rUles, regulations and Orders of the
<br />GO\lernor, or pursuant thereto, aud will pennil access III his books. record.;, and aCCounts by the contracting
<br />agency and the uffice of the Governor or his designee for purposes of investigation to ascertain compliance
<br />with such rules, regulations and orden.
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<br />(5) A labor organization will not exclude any individual otherwise qualified from fult membership rights in
<br />such labor organization, or e,'<pel any such individual from membe!";hip in such labor organiz3tion or
<br />discriminate against any uf its memben in the full enjoyment of work opportunity. becau..e of race, creed,
<br />color, sex, national origin, or anee~try.
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<br />(6) A labor organization, or the employees or members thereof will not aid, abet, incite, cumpel or Coerce
<br />the doing uf any act defined in this contrdct tu be discriminatory or ob~jruct or pre\'cnl illlY pe!";on from
<br />complying with the provi~ions of this contract or any order issued thereunder: or altempl. eilher directly or
<br />indirectly, 10 commit any a(t defined in this contract to be discriminatory.
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<br />395-53-01.1022
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