<br />fonn6-.4.C..o2B
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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 v<llid until it shall have been approvL"{j by Ihe Cvntroller of the Slate of Color<ldo or ~uch
<br />a~sisl.1nt as he may designate. This provision is applicable to any contract involving the payment of money by the Slate.
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<br />F1..IND AVAILABILITY
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<br />2. Financial obligations of the Sule payable after !he current fiscal year are contingent upon funds for !h<l[ purp<~e being appropriated.
<br />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 fifty thousand dollars for the construction. erection. repair. main-
<br />tenance. or improvement of any building, road, bridge. viaduct. tunnel. excavation or olher public works fur lhis Slate. the
<br />contractor shall. before enter ing lhe perfonnance of any such w(irk included in lhis contract. duly execute and deliver 10 and
<br />file with the official whose signature appears below for the State. a good and sulficient bOnd or other :lcceptatlle surety to be
<br />approved by said official in a penal st.lm not less than one-half of the total amount payable by the terms of this ..:onlrael. Such
<br />bond shall be duly executed by a qualitied corporate surety. conditioned for the due and failhful performance of the connac!.
<br />and in addition. shall provide thaI if [he contractor or his subcontractors fail to duly pay for any I<lhor. materials. team hire.
<br />sustenance. provisions. provendor of other supplies used or consumed by such contractor or his subcontra.:tor in perfor-
<br />mance of the work contracted to be (.10ne. the surety will pay the same in an amount not exceeding the sum ~pccified in the
<br />bond. together with interest at the (ate of eight per cent per annum. Unless such bond. when so required. is executed.
<br />delivered and liled. no claim in favor CJfthe contractor arising under this contract shall be audited. allowed or paid. A .:cniticd
<br />or cashier's check or a bank money o(der payable to lhe Treasurer of the State ofColoraJo may be accepted in lieu of a hond.
<br />This provision is in compliance wiln 38-16-106 CRS. as amended.
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<br />4. Excepl as otherw 'ided by law. if this contract is in excess of one hundreJ tifty thousand dollars and requires
<br />or involves the employment of laborers anics in the construclion. alteration or rcpair of any building or olhcr public
<br />works (except highways. highway bridges. underpass i hway structures of all kinds or COntracts for any purpose to
<br />which the state department of highwap or the chief engineer is a pa in lhe geographical limils uflhc Slate. the r<lte of
<br />wages for all laborers and mechanics employed by the contractor or any subeon )n the building or othcr public \\'orks
<br />cm'ered under the contract shall not I:le less Ihan the prenliling rate of wages for work ,l a SI . ture in lhe county. .:it)"
<br />and coumy. or municipalily of the Suite i~ which the building or other public works i~ localed. The prCVlll of Wages
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<br />DISCRIMINATION ANO AFFIRMATIVE ACTION
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<br />5. The contractor agrees to cClmply with the letter and spirit of the Colorado Antidiscriminatlun Act ,)1' 1957. as
<br />amended. and olher applicable law respecting discrimination and unfair employment practices (14.34-402. CRS 1982
<br />Replacement Vol.). and as required bY Executive Order. Equal Opportunit~, and Aftirmalivc Acti,)n. dated April 16. 1975.
<br />Pursuant therelD, the following prot'isions shall be contained in all State contracts or Sub-COntracfs.
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<br />During the perfonnance of this cOlltracL the contractor agrees as follows:
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<br />(I) The contractor will nllt discriminate against any employee or applicant fur employment because of
<br />race, creed, color. national urigin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
<br />The cOntractor will take affinnative action to insure that applicants are employed, and that employees are
<br />treated during empluyment, without regard to the above mentioned characteristics. Such 3t'liun shall include,
<br />but not be limited to the following: employment, upgrading, demotion, or transfer, recmitmenl or
<br />recruitment advertisings; l:Jy-offs or tenninations; rates of payor other forms of cumpensation; and selection
<br />for training, including apprenticeship. The contractor agrees 10 post in conspicuous places, a\"ailable to
<br />employees and applicants for employment, notices to be provided by the contracting ufficer selling fol1h
<br />pro\"isions 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 />conCractor, state that all qualified applicants will receive consideration for employment without regard to
<br />race, 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 representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be provided by the contrdcting officer,
<br />advising the labor union or workers' representative of the contractor's commiUment undet the Executive
<br />Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor.
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<br />(4) Th~ wntractor :md la":Jr unions will fumi;h all infonr..:itioll ar.d rellOrls re\luired by Executive Order,
<br />Equal Opportunity and Affinnative Action of April 16, 1975, and by the rules, regulations and Orders of the
<br />Governor, or pursuant thefeto, and will permit access to his books, records, and accounts by the contrdcting
<br />agency and the office of ttle Governor or his designee for purposes of investigation to 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 enjoymenl 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 de filled in this contract to be discriminatory or obstruct or prevent any person from
<br />complying with the provisions of this contract or any order issued thereunder; or attempt, either 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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