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<br />Form l'>-AC-01B
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<br />'SPECIAI. PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This contract shall not be dl'Cn1ed valid until it shall have been approved by the Controller of lhe Slale of Colorado or such
<br />assblam as he may designate. This provision is applicable to any contract involving the payment of money by Ihe State,
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<br />FUND AVAIl.ABILlTY
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<br />2. Financial obligations of the SWle payable afier the currcnt Iiscal year arc contingent upon Juotls for thai purp.l,e being appropriated,
<br />budgeled and otherwise made availllble.
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<br />BOND REQUIREMENT
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<br />3. Iftbis contract involves the pilyment of more than fifty thousand dollars for the construction, ereCllon, repair. main-
<br />tenance, or improvement of any building, road, bridge, viaduct. tunnel, excavation or other public works for this Stale, the
<br />contractor .<.hall, before enter ing the performance of any such wGrk included in this contract, duly execute llnd deliver to and
<br />file with the official whose signature appears below for the State, a good and sullicient oond or olher acceptable surety to be
<br />approved by said official in a penal sun1 not less than one-half of the total amount payable by the terms oflhis contract, Such
<br />bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance uflhe conlract.
<br />and in addition, shall provide that ifth~ contractor or his subcontractors fail to duly pay ji.lr any labor, materials, team hire.
<br />sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subeolllraclor in perfor-
<br />mance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum speciJicd in the
<br />bond, togelher with interest at the rate of eight per cent per annum. Unless such bond. when so required, is executed.
<br />delivered and filed, no claim in favor of the contractor arising under this contract shall he audited, allowed or paid. A certified
<br />or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may he a-:cepted in lieu of a bond.
<br />This provision is in compliance with 38-26- 106 CRS, as amended.
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<br />WAGE
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<br />4. Except as otherwl ided by law, if this contract is in excess'ofone hundred Ii' sand dullars and rCljuircs
<br />or involves the employment of laborers anies in the construction, alter r repair or any building or other public
<br />works (except highways, highway brid$es, underpas high ctures of all kinds or contracts ti.lf any purpose to
<br />which the slate department of highways or the chiefe IS a p ithin the geographical limits oflhc State, the rate of
<br />wages for aJllaborers and mechanics ern y the contractor or any subeo r on the building or other public works
<br />covered under the contract. e less than the prevailing rate of wages for work 0 :.L . nature in the county, -:ity
<br />and county, or a ity of the Stat~ in which the building or other public works is locMed. Thc pre rale of wages
<br />an so tltion of any disputes resulting therefrom shall be as prescribed by fl-]6-101 C'RS. as amendcd.
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<br />DISCRIMINATION ANO AFFIRM A T1VE ACTION
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<br />5. The contractor agrees 10 cOrflply with the leller and spirit of the Colorado Antidiscrimin<ltilln Act of 1957. as
<br />amended, and other applicable law respecting discrimination and unfair employmem (lractices (24-34-402, C~S 1982
<br />Replacement Vol.), and as required by Executive Order, Equa] Opportunity and Affirmative Action, dated April 16, 1975.
<br />Pursuant thereto, the following provL.ions shall be contail/ed ill all State COllfructs or sub-col/tracts.
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<br />During the perfonnance of tltis contract, the contmclur agrees as fuJlows:
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<br />(I) TIle contractor will not discriminate against any employee or applicant for ('mploymcnt because nf
<br />race, creed, color, national llrigin, sex, maritat status, religion, ancestry, mental or phy,icat handicap, or age,
<br />The contractor will take af(innative action to insure that applicants are elllployed, and Ihat employees are
<br />treated during employment, without regard to the above mentioned characteristics, Such action shatl include,
<br />but not be limited to the following: employment, upgrading, demo lion, or transfer, recmitment or
<br />recruitment advertising.:; laroffs or terminations; rates of pay or other fuml~ (If compensation; and selection
<br />for training, induding app(enticeship. The contractor agrees to post in conspicllous places, available tn
<br />employees and applicants for employment, notices to be provided by the contracting officer selling forth
<br />provisions of this non.discrinlination clause,
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<br />(2) The contractor will, ifl all solicitations or advertisements for employees placed by ur on bt-half of the
<br />contractor, state thaI all qtlalified applicants will receive cunsideration for employment without regard to
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, mel1ta.lor phy.<.ical handicap, or age.
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<br />(3) The contractor will seud to each labor union or rellresentative of workers with which he has collective
<br />bargaining agreement or uther contract or understanding, notice to be prot'ided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's commillment under the Executi\'e
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the niles, regulatiolls, and
<br />relevant Orders of the Govel'flor.
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<br />(4) The contractor and labor unions will fumish all infonnation and reports required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders orthe
<br />Govemor, or pursllant Ihereto, and will permit access 10 his books, records, and accounts by the contracting
<br />agency and the uffice of the Govemor or his designee for purposes of investigation 10 ascl'rtain compliance
<br />with such rules, regulations aud orders.
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<br />(5) A labor organization will oot exclude any individual otherwise qualified from full membership rights in
<br />such labor organization, or expel any such individual from ml'mbership in such labor organization or
<br />discriminate against any of its members in the full enjoyment of wurk 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, abel, incite, compel or coerce
<br />the doing of any act defined in this contmct to be discriminatory or obstruct or prevl'nt any pl'rson from
<br />complying with the provisions of this contract or any order i.<.sued thereunder; or atlempt, either directly or
<br />indirectly, to commit any ae( defined in this contmct to be discriminatory.
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<br />395.53-1)1.1022
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