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<br />Forni 6-AC-42B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER's APPROVAL
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<br />I. This COotract shall nol be de....med valid until it shall have been approved by the Conlrolh:r uf the Stale of Culorado or sw.:h
<br />assbtant as he fruJy deSIgnate. This provision is applicable to any comract involving the paymelll of muney by lhe Slate:.
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<br />FUND AVAILAAILlTY
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<br />2. Financi;U obligations ufthe State pilyable aller the cumm fiscal y.:ar:lre cOfltirlgcm UfXlO funds for U,m purpo>ol: hcing appropriated.
<br />budgeted and otherwise m:lde available.
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<br />BOND REQUIREMENT
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<br />], (fthis Contract involves the payment of more thall tifty thousand dollars for the construction. ereclion. repair. r)lain-
<br />tenance. or improvement of any building. road. bridge. viaduct. tunnel. excav<ition or other publi<: work:. fur this Slate. lhl.'
<br />cOlllractor shall. before enter ing the performance of any such work included in this contract. duly execute :lnd deliver t(j and
<br />file with the oOkial whose signature Appears below for the State. a good and sl1nicient bOnd or <ltl1er acceptable surely to be
<br />approved by said ollicial in a penal svm not less than one-!)alf orthe total amOUnt payable by th..: terms orthis contract. Such
<br />bond shall be duly executed by a qualilied corporate surety. conditioned for the due and faithful petformance of the conlract.
<br />and in addition. ~haJl provide that if the contractor or his ~ubcontraclors fail to duly pay for any labor. materials. team hire.
<br />sustenance. provisions, provendor o( olher supplies used or consumed by such contraCtor or hi~ subcontractor in p~rfor-
<br />mance of the work contracted to be done. the surety will flay the same in an atrlount not exceeding the sum specifi.:d in the
<br />bond. together ""'ilh interest at the rllte of eight per cent per annum. Unless such bond. when so rCljuireJ. is executed.
<br />delivered and tiled. no claim in favor (lflhe contractor arising under this contract shall be audited. alluwed or paid, A cenifled
<br />or cashier's ched; or a bank money oruer payable to the Trca~urer of the State ofColoraJo may be ilccepleJ in lieu of a hondo
<br />This provision i~ in compliance witrl J8-.:!6-106 CRS. <J.s amended.
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<br />MINIMU~I WACE
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<br />4. Except as othe[",l.'ise pro\'ided by law. iflhis contrae! is in excess uf one hundre~j tifty thousand dollars and reqtlifes
<br />or involves the ell1ploymcnt of laborefs or mechanics in the construction. alter<ition or repair oj any building or othcr public
<br />works (except highways. highway bridges. underpasses and highway structures of all kinds llr COntracts for any pUrp(lse to
<br />which the state depanmentofhighways or the chierengineer is a pany)within the gellgraphicallimit~ orthe State. the rate of
<br />wages for all laborers and mechamcs employed by the contractor ur any subcorllraetor <\11 the builJing or uther public worb
<br />covered under th~ contract shall not be less than the prevailing rate of wages f(lr worl... of a similar nature ill the county. Cill'
<br />and county. or municipality of the Stale in which the building or othcr public worl...s i~ I<h.:ated, Th~ pre\ ailing ratc of wagc~
<br />and the resolution of any disputes rllsulting therefrom Shall he as preSCribed by 8.[h.lOI CRS. as amended.
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<br />DlSCRIMINA TION AND AFFlR~lATlVE ACTION
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<br />5. The COlllraClOr agrees to comply with the letter and spirit of the Colorado Anlidiscrirninutioll Act of 1957. ,IS
<br />amended. and other applicable law respecting discriminmion and unfair employmcnt prucliccs (2-1-3-1--102. CRS 1982
<br />Replacement Vol.). and as required by Executive Order. 1:ljual Opponunity atjd Aflirmiltive Aellnn. dated April 16. 1975.
<br />Pursuant thereto, the fot/owing prol'isions shall be contained ill all Slate eOlltracts or sub-COntracts.
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<br />During tht' perfnnnance of this cuntract, the cllntractur agrees as follows:
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<br />(I) The cuntractor will not discriminate a~ainst any cmployee or applicant for employment hecall~t' uf
<br />race, creed, color. national origin. sex, marital status, religion, ancestry. mental or Ilhysical handicap, Or age.
<br />The COil tractor will take afl1nnalive action tQ insure that applicanls are employed, and that employees arc
<br />treated during employment. .....;thout regard to the above mentioned characteristics. Such action shall inl::luJe,
<br />but tlOt be limited to the follo.....;ng: employment, upgrading, democion, or transfer. recruilment or
<br />recruitIl1ent advertising;: lay-offs or lenninalilllls: rates of payor other fonus of clllopellsation: and sel~clion
<br />for training. including apprenliceship. The <:ontractor agrees to post in conspicuous places. availaMe to
<br />employees and applicants for employment, notices to be provi~ed by till: conlracting officer setting forth
<br />provisions of this non.discrimination clause.
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<br />(2) The contractor ""';11, in all solicitations IH advertisements flH employees plact:d by or 011 behalf (.If the
<br />contractor. state that all qualified applicants ""';11 receive cunsideration filr employ men I .....;thoul regllrd to
<br />race, cr~ed, 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 uf workers .....;th which he has collective
<br />bargaining agreement or other conlract or understanding. notice to be provided by the contracting onicer,
<br />"dyi~il]g the Iahur ullion or workers' representative of the contraclor's committment und!:r the Exe~utive
<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) The contractor and l;:Ibor unions .....;I! furnish all infurmation and ,'q,ortS required by ht'cutiw Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rvks. regulations and Otders Ilf the
<br />Governor, or pursuant thereto. and .....;11 penntt access to his books. record$. and aCCounts by the conlJ:lcting
<br />agency and the office of the Governor or his designee for purposes of inves1igation to ascertain compliance
<br />.....;th 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 organilati<m or
<br />discriminate against any of its members in th~ full enjoyment of work opportunity, because of race, creed,
<br />color. sex, national origin, <lr ancestry.
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<br />(6) A labot organization, or Ihe employees or members thereof.....;1I not aid, abet, incite, compel or Coerce
<br />the doillg of any act defined in this contract 10 be discriminatory or obseruct or prevent any pt'rson from
<br />complying with the provisions of this contract or any order issued thereunder: or attempt. either directly or
<br />indirectly, to cummit any act defined in this Cl)nlract to be discriminatory.
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<br />395-~1.t022
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