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<br />rnrm 6-AC.02B '
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<br />SI'ECIAL PROVISIONS
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<br />CONTROLLER'S AI)PROV AL
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<br />I, TIlis contr,lcl shallnol be I.kcl1led valid unlil il shall have been ,lpprovcd by lhc Conlrllll('r of Ihe Slaft of
<br />Colorado or such assistant as he may designate. n,is IlTovision is applicable to any contract involving (he payment of
<br />money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the State payable after the CUI rent fiscal year are contingent upon funds for that
<br />purpose being appropriated, 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 ten thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, exca\'ation or other public wurk for
<br />this State, the contractor shall, before entering upon the perfOlmance of any such work included in this contract,
<br />duly execute and deliver to and file with the official whose !ignature appears below for the Stale, a good and
<br />surticient bond to be approved by said official in a penal sum not less than one-half of the lotal amount payable
<br />by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the
<br />due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcon.
<br />tractors fail to duly pay for any labor, materials, team hire, sustl~nance, provisions, provender or other supplies used
<br />or consumed by such conlractor or his subcontractor in performance of the work contracted to be done, the surety
<br />will pay the same in an amOllnt not exceeding the sum specified in the bond, together with inlerest at the raCe of
<br />eight per cellt per annum. Unles''> such bond. when so required. is executed, delivered and filed, no claim in favor
<br />of the contraclor arising under this contract shall be audited, alluwed or paid.
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<br />MINIMUM WAGE
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<br />4_ Except as otherwise provided by law, if this contract plOvides for the payment of more than five thousand
<br />dollars and requires or involves the employment of laborers or m~chanics in lhe constOlction. alteration or repair of
<br />any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
<br />kinds) within the geographical limits of the State, the rate of w<'ge for all laborers and mechanics employed by the
<br />contractor or any subcontractor on the building or public work covered by this contract shan he not less than the
<br />prevailing rale of wages for work of a similar nature in the city, lown, village or other civil subdivision of the State in
<br />which the building or other public work is located. Disputes resp~cting prevailing rates will be resolved as provided in
<br />8.16-101, eRS J973, as amended,
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. 1l1e contractor agrees to comply with the Ie Iter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS
<br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
<br />1975. Pursuant 11,ereto, tlte followi"g provisions shall be conlaillell in all Slate contracls or sulH:onlracls.
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<br />During the perfonnance of this contract, the contractor agrees as follows:
<br />(I) 11le contractor will not discriminate against any employee or applicant for employment because of
<br />race, creed, color. national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
<br />The contractor will take affirmative action to insure that applicants are employed, and that employees are
<br />treated during employment, wilhout regard to Ihe above mentioned characteristics. Such action shall include,
<br />but not be limited to' the following: employment, upgrading. demotion, or transfer, recmitment or
<br />recmitment advertisings: lay-offs or terminations: rales of payor other forms of COmlJensation: and selection
<br />for training, including apprenticeship. The contractor agrees 10 post in conspicuous places, available 10
<br />employees and applicants for employment, notices to he provided by the contracting officer selling forth
<br />provisions of this non-discrimination clause.
<br />(2) The contractor will, in all solicitations or advertisl'ments for em(lloyees placed by or on behalf of lhe
<br />contractor. state Ihat all qualified applicants will receh'e consideration for employment without regard to
<br />race, creed, color. nalional origin, sex, marital stalus, religion, ancestr)', ~ental or physical handicap, or age.
<br />(3) TlIe contractor will send to each labor union or representative of workers with which he has collective
<br />bargaining agreemenl or other contract or understandinl~, notice to be provided by the contracting officer,
<br />advising the labor union or workers" representalive of the contractor's commiUment under Ihe Executive
<br />Order, Equal Opportunity and Affirmative Aelion, date.j April 16, 1975, and of the rules, regulations, and
<br />relevant Orders or the Governor.
<br />(4) TIle contractor and labor unions ",;11 furnish all information and n:porls required by Execurive Order,
<br />Equal Opportunily and Affirmative Action of April 16, 1975, and by Ihe rules, regulations and Orders of lhe
<br />Governor, or pursuant thereto, and will permil access to his books, records, and accounts by the contracting
<br />agency and the office of the Governor or his designee fur 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 individud 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 or its members in the full enjoyment 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 defined in this contract to be discriminatory or obstruct or prevent any person from
<br />complying with the provisions of this contract or any ol.der issued Ihereunder; or attempl, eHher directly or
<br />indireccly,tocommit any ael defined in this contraello he discriminalory.
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