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<br />Form 6-AC-4lB
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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 (he Controller of the State of Colorado or such
<br />assistan! as he may designate. This provision is applicable to any contmct involving the payment of IllOney by (he State.
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<br />FUND AVAILABILITY
<br />2. Financial obligations of me State payable after the curren! fiscal year are contingen! upon furxls for lh<tt purpoloC being appropriated.
<br />budgeled and otherwise made available.
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<br />BOND REQUIREMENT
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<br />J. If this contract involves the payment of more than fifty thousand dollars for the construction, erection. repair. main-
<br />tenance, or improvement of any building, road, bridge, viaduct. tunnel. excavation or other public works for Ihis Stale. the
<br />contractor shall, before enter ing the perfonnance of any such work included in this contract. duly execute and deliver to and
<br />file with the official whose signature appears below for the State. a good and sufficient bond or other acceplahle surety to be
<br />approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such
<br />bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance oflhe contracE.
<br />and in addition, shall provide that ifttle contractor or his subcontractors fail to duly pay for any labor. materials, learn hire.
<br />sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontra,,;tor in perfor-
<br />mance of ihe work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the
<br />bond, together with interest at the rate of eight per cent per annum, Unless such bond. when so required. is executed.
<br />delivered and filed. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A cenified
<br />or cashier's check Dr a bank money order payable to the Treasurer of the Slate of Color ad v may bc acceptcd in lieu ofa bond.
<br />This provision is in compliance with 38026-106 CRS. as amended,
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<br />MINIMUM WAGE
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<br />4. Except as otherwise provided by law, if this conlract is in excess of one hundred fifty thou~and Jollar~ and requires
<br />or involves the employment of laborer~ Dr mechanics in the construction. alteration or repair of any building or other public
<br />works (except highways, highway bridges. underpasses and highway slructures of all kinds or contracts for any purpose to
<br />which the state department ofhighway~ Dr Ihe chief engineer is a party) within the geographical limits oflhe Stale. the rate of
<br />wages for all laborers and mechanics employed by the contractor or any SubcoOlractor on the building or other public works
<br />covered under the contract shall not be less than the prevailing rate of wages for work of a similar nature in the county, city
<br />and county. or municipality of the State in which the building or other public works is located. The prevailing rale of wages
<br />and the resolution of any disputes r6ulting therefrom shall be as prescribed by 8-16-101 CRS, as amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5, The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrirl1ination Act of 1957, as
<br />amended, and other applicable law respecting discrimination and unfair employment practices /24-34.402. CRS 1982
<br />Replacement VoL), and as required by Executive Order, Equal Opponunity and Aflirm<.ttive Action, dated April 16. 1975.
<br />Pursuant thereto. the following prol'isions shall be contained in all Slate COfllraCls or SUb-CVlIlrurlS.
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<br />During IIle perfomlance of Ihis contract, the COntractor agrees as follows;
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<br />(I) The contractor will ,lOt discriminate against any employee or applicant fur l;"mploymcllt becall~e of
<br />race. creed, color, national origin, se.'(, maritaJ status, rdigion, ancestry, ffi(ntaJ or physical handicap, or age.
<br />The contractor will take a(finnative action to insure that applicants are employed, and that employees are
<br />treated during employment. without regard to the a.bove mentioned characteristics. Such action shall include.
<br />but not be limited to the following; empluymenl, upgrading, demotion, or transfer, recruitment or
<br />recruitment advertising;: la,.-offs or tenninations: rates of payor other fontls of compensation; and selectiun
<br />for training, including apprenticeship. The Contractor agrees to post in conspicuuus places. available to
<br />employees and applicants {or employment, notices tu be provided by the contracting oflktr setting forth
<br />provisions of this non-discrimination clause,
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<br />(2) The 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, nationaJ origin, sex, marital status, religion, ancestry, mental or physical handicap, or age,
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<br />(J) The contractor will send to each labor union or representative of worken with which he has collective
<br />bargaining agreement Dr uttter contract or understanding, notice to be provided hy the contracting officer,
<br />ad\'ising .hl: labor union or workers' representative of the contractur'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 fumish all infonnation and reports required by Executi~'e Order,
<br />Equal Opportunity and Affirm\itive Action of April 16, 1975, and by the niles, regulations and Orden of the
<br />Governor, or pursuant thereto: and will pennit access to his books, records, and accounts by the contracling
<br />agency and the office of the Governor or his designee for purposes of inv~stigation to ascertain compliance
<br />with such rules, regulations llnd orders.
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<br />(5) A labor organization will not exclude any individual otherwise quaJified from full membership rights in
<br />such labor organization. of expel any such individuaJ 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, nationaJ origin, or ancestry.
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<br />(6) A labor organization, or the employees or memben thereof will not ;lid, abet, incite, compel or Coerce
<br />the doing of any act defined in this contract to be discriminatqry or obstruct or prevent any penon from
<br />complying with the provisions uf this contract or any order issued thereunder; or attempt, dtner directly or
<br />indirectly,to commit any act defined in this COntract to be discriminatory.
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<br />395-53-01.1022
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