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<br />SPECIA.L PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This corllract sh:1l1 not be deemed valid umil it ~hall have been approved by the Controller of the Slate of Colorado or such
<br />assistant as hc may designate. This prQvision is applicable to any comract involving the p<lymem or money by the Slate.
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<br />FUND AVAILAaILlTY
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<br />2. Financial obligations oflbe Slate payable after the eurr~nt fiscal year arc comillgent upon funds for that purpose being appropriated,
<br />budgeted and oth~rwisc m:lde availabl~.
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<br />BOND REQUIREMENT
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<br />3. If this CQntraet involves the fI:lyment of more thall fifty thousand dollars for the constructit;ln. ereclion. repair. rflain-
<br />tenance, or impr(wement of any building, road. bridge. viaduct. tunneL excavlltion or other publil:: works for this State. the
<br />contractor shall, before enter ing the performance of any such work included in this contract. duly execute and deliver to ~nd
<br />file with the official whose signature llppcars below for the State. 8 good and sufficient band orotner Ilcceptllblc 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 COll'orllle surety. conditioned for the due and faithful performance nfthe contract.
<br />and in addition. Shall provide that if the contractor or his subcontractors rail to duly pay for any labor. materials. tenm hire.
<br />sustenance. provisions. provendor o( olher supplies used or consumed by such contractor or hi!; subcontractor in perfor-
<br />mance of the work contracted (0 be done, the surety will 1'101)' the same in IIn IItnount nol exceeding the sum spccilied In the
<br />bond, together With interest at the r<<te of eight per cent per IInnum. Unless such hondo whcn so required. is cXCculed.
<br />delivered and filed, no claim in favor of the contractor arising under this contract shAll be auditeu.Allowed o:r paid. ^ cCttifieu
<br />or cashicr's chec~ or a bank money order payable to the Treasurer of the Slale ufColoraJo may bc accepted in lieu of a bond.
<br />This provision is in compliance wilh .18-26-106 CRS. lis amended.
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<br />MINIMUM WACE
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<br />4. Except as otherwise provided by law, iflhis contr:lct is in excess of one hundreJ lifly thOl.J.sand dollars and requires
<br />or involves the employment of laborers or mechanics in the construction. alterlJlion or r(pair of any hUllding or other Public
<br />works (except hithways, highway bridges. undell'llsses Ill'\d highway structures of all kinds or COt1tracts for any pUrpl)se to
<br />which the state d~partment of highways or the chief engineer is a pany) within the geographical limits of the Slate. the rate of
<br />wages for all laborers and mechanics employed by the contractor or any subcolltractor on lhe buihJing or other public works
<br />covered under tht! contract shall not be less than the prevailing rate of wages rl:Jr work o( a simll;lr nature in Ihe coumy. city
<br />and coumy. or mllnicipality of the Stale in which the buillling or olher public works is located. The prevailing rate of wages
<br />and the resolution of any disputes resulting therefrom shall be as prescribeQ by 8. I 6-10 I CRS. as amended. .
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The COl'\traetor agrees 10 comply with the leuer and spirit orthe Colorado Anlidiscrimination Aet of 19S7.:ls
<br />amended. and other applicable law respecting discrimination and unfair elliploymem practice~ (24-34-402. C~S 1982
<br />Replacement Vol.), and as required by Executive Order, Equal Opponunity and Affinnative Action, dated April 16, 1975.
<br />Pursuant thereto, the following provisions shall be comained in all Slate conlracLS or sub-COntracls.
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<br />During the perfonnance of this controct, the Controctor agrees as follows:
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<br />(I) The contractor will 1I0t discriminate against allY emploYte or applicant fOt employment because of
<br />race, creed, color, nationalurigin, sex, marital status, religion, a1lcestry,l]1ental or physical handicap, or age.
<br />The COntractor will take aflirmative action to insure Ihal applicants are ~mploye~, and that emploY1:es are
<br />treated during employmenl. withoul regard to the above mentioned charac:terislics. Such action shall include,
<br />but 1I0t be limiled 10 I/Ie following: employment, upgradillg, demotion, or transfer. recruitment or
<br />recruitlilent advertisings: I..y-offs or tenninations; rates of payor other forms of compensation: and selection
<br />for training, including apprenticeship. TIle contractor agrees to post ill conspi(;uous places, avaihlble to
<br />employees and applicants for employment, notices to be provided by the conlr.teting officer sellint forth
<br />provisions of this non.discrimination clause,
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<br />(2) The contractor will, in nil solicitations or advertisements tor employees placed by or on behalf of the
<br />contractor, stale that all ~ualified applicant!! will receive consideration for employment without regard 10
<br />race, creed, color, national origin, sex, maril:rt status, religion, al1cestry, mental or physical handicap, or age.
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<br />(3) The contractor willliCnd to each labor union or represenhllive of winkers wilh which he has eolJecli...e
<br />bargaining agreement or olher contract or undentanding, notice to be provided by the contracting Mficer,
<br />ad...isine lhe labor union or workers' reprcs<:ntali...e of lhe contractor's c:ommiltlllenl under the Extcutive
<br />Order, Equal Opportunity and Aflinnati...e Action, dated April 16, 1975, and of the rules, regulaliol1S, and
<br />relevant Orders of the Govltrnor.
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<br />(4) nle contractor and labor unions will fllmish all infonnation and rerorts reqUired by Executive Order.
<br />Equal Opp.orfunity and Affirmative Action ot April 16, 1975, and by the rules, regt.tlations and Orden of the
<br />Governor, or pursuant the(Cto, and will pennit access to his books, records, and accounts by Ihe conttacting
<br />agency and the office of Ute GovenlOr or his designee for purp<Jses of in..estigalion to ascertain comllliance
<br />with suth rules, regulation.!; and orden,
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<br />(5) A labor organization will not exclude arty individual olher...,;se quali(ied from full membership rights in
<br />such labor organization, ur expel any such individual from membership in such labor organization or
<br />discriminate against any of its members in the full enjoyment of work o~portunity, because of race, creed,
<br />color, Stx, national origin, or ancestry.
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<br />(6) A labor organization, or the employees or members thereufwillllot aid, abet. incite. compel or coerce
<br />the doing of any act defirted in this contract to be discriminalClry or obstruct or prevent any penolt flOm
<br />complying with Ihe provisions of Ihis contraN or any order issued thereuflder: or attempt, either dircttly or
<br />indirectly, to commit any acl defined ill this contracllo be discriminatory.
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<br />395-53-01-1022
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