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<br />F....'m 6-AC.(j28
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<br />SI'ECIAL PROVISIONS
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<br />CONTROLLER'S APPROV AL
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<br />I. lllis COntract shall not he .kl."llll."d v,llid ulltil it ~h:lJl ha'.e heen appwvcd hy the Controlll'r of thf' State of
<br />Colorado or stich a~sistallt as he nWY desi~ll:lte. This Jlrovi~ioll is applicable It I allY contract involving the Ilayment of
<br />money hy the Stllte.
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<br />FUND AVAILABILITY
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<br />2. Fillancial ohli!,!alilllls of Iile SI;lte payahle ,lfter till' current fiscal year ,Ire l'UlIlillgent upon funds for that
<br />purpose being appropriated, budgded amI otherwise made availahle.
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<br />BONO REQUI~EMENT
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<br />3. If this Contract involves the payment of more than ten thousand dollars for Ihe construction. erection, repair.
<br />maintenance. or improvement of any huilding. road, bridge:, viaduct, tunnel. exca\"alion or other public work for this
<br />Slale, the contractor shall, before enlering upon the perfonnance of any such work included in this contracl, duly
<br />execute and deliver to and file with the official whose signature appears below fM the Slate. a good and 'sufficient
<br />bond or other ilcceptable surety to be approved b)' !>aid official in a penal sum nol less than one-half of the lotal
<br />amount payable by the terms of tllis contracl. Such bond 1>hall be duly executed by a qualified corporate surety,
<br />conditioned for the due and faithful performance of the contract, and in addition. s/1311 provide thaI if the contractor or
<br />his suocontrilclors fail to duly pay fur any labor, materials, leam hire, sustenan>:C, provisions, provender or other
<br />supplies used or consumed by such conlractor or his sUOcontf<lclor in pefomlance of lhe work cnntracled to be done,
<br />the surely will pay the same in an J,lmount not exceeding Ihe sum specified in the bond, together with interest at the
<br />rate of eight per cent per annum. Vnless such bond, when so required, is execUled, delivered and filed. no claim in
<br />favor of the contractor arising unde( thh. contract shill! be audited, allowed or paid. A certified or cashier's check or a
<br />bank money order made payable 10 Ihe Treasurer of the State of Colorado may be aCl.:cpted in leiu of a bond.
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<br />MINIMUM WAGE
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<br />4. Except as.otherwise provjJed by law, if thi!> Conlract pwvide~ fllr the pa~'mellt of more than five thomand
<br />dollars and requires or involves the employment of laborers or mech.lllics in the cOll~tructiol1. alleration or repair of
<br />any building or other public wurk, (excepl highway.~. highway bridge.~, ullderpasse.~ and highway ~truclUres of all
<br />kinds) within the geographicallimils of tllf' Slate. the r.lte of wage for alllahore~ and mech,lIIicl> empluyed by the
<br />contractor or any suhcontractor OIl the building or puhlit' wurk covered by this (on tract shall he nol less th:m lhe
<br />prnailing r"te of wages for wurk of a simil:lr nature ill the city, town. \'illage or otller civil subdivision of the Statf' in
<br />which che building or other puhlic wtJrk is localed. Di~putt's respecting prevailing r;ltes will he resolved as provided in
<br />8-16-101. CRS 197.1. as amended.
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<br />DlSCRIMINA TlON AND AFFIRMATIVE ACTION
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<br />5. The contractor agrees to comjlly with the Idler and spirit of Ihc Culoradu Antidiscrimination Actuf 1957,
<br />as amended, and other applicable law respeICting dbnimillatiol\ and ullfair empluyment practices (24-34-301, CRS
<br />1973, as amended). alld as required by Ewculivc Order. Equal Opportunity and Affirnlalivc Action, dated April 16.
<br />1975. PursuuullI/{~retu, tlte fo//owiIlK ",ovisiOfl.\" slta// he ("()fllailled ill aU State ('outrOcts or sub-contracts.
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<br />During the perfomlalU'e of this contract, the Clllllr:lctor .lgrees as follows:
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<br />(I) The contractor will not discriminate agaimt any employee or applil'anl for employment hecause of
<br />race, creed, color. national origin. sn:, marital stalus, rdigion. ancestry. menlaJ or I1hyskaJ handicap. or age.
<br />The contractor will fake ilffirmative "ction to insure t1l'fl1 applicants are employed, and thai employees are
<br />treated during employment, withoul regard to the above mentioned characleristics. Such action shall include,
<br />but not be limited 10 the following: employment. upgrading, demotion. or Cransfer, recruitment or
<br />recruitment auvcrtising<l; lar-offs or tenninatiolls; rates IIf payor olher fOflllS of compensation; and sell'ctioll
<br />for training, including apllrenliceship. nil." Contractor agrees to post ill conspicuollS placl's. available to
<br />employees and applicants for employment. notices to he pro\'idcd by the contracting ufficer ~elfing furth
<br />provisions of this nOIl.discrimination clause.
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<br />(2) The contractor will. in all solicitations or adverti~ements for emplll)'ees placed hy or 011 behalf of the
<br />contraclor, state that all ejualified applicants will receive consideration fjJr employment without regard to
<br />ra.ce, creed, color. national urigin. se.'(, lllarilal status. religion, ancel>try, mcntal or physical handicap. or age.
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<br />(3) The contractor will send 10 each labor llniOlI or representative tlf workers with which he has colleclive
<br />bargaining agreement or other contract or UJldersfulldillg, notice to he prOvided by Ihe contracting tlmeer,
<br />advising che labor union or workers' representative of the coutractnr's cOlllllliHment under the Executive
<br />Order, EquaJ Opportunity and Affinnative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevanl Orders of the Governor.
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<br />(4) TIle contractor and I~hor unions will furnish all information and reports requirt'd by Ext'ctltive Order,
<br />Equal Opportunity and Afllrlllative Action of April 16, 1975, and hy the wles, regulations aud Orders nf lhe
<br />Governor, or ImrsuanC thereto, and will pennil access to his hooks, recfUd~. and accounts by lhe contnacting
<br />agency and the office of tile Govemor or his designee for purposes of investigatiollto ascertain compliance
<br />with such rules, regulations and orders.
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<br />(5) A labor organization will not exclude any individual olherwise quaJified trom full membership rights in
<br />such labor organization, or expel any such individual from memben.hill in such labor organization or
<br />discriminate against any of its members in che full enjoyment tlf work opportunity, because of race, creed,
<br />color, sex, nalional origin, or ancestry.
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<br />(6) A labor organizaljoll, or the employees or members thereof willllot aid, abet, incite, compel or coerce
<br />the doing of ally act defined in this conlract to be discriminatory or obstruct or prevent any person from
<br />complying with the provisions of this contract or llny order issued thl.'reU(1der; or attempt, either directly or
<br />indirectly, to commit any act defined in this contract to be discriminatory.
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