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<br />l' .>rm 6-AC.028
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This cuntract shall not be dcemed valid until it lihall have been <lpprove-d by the Controller of the State of
<br />Culunnlu or liuch assilitant as he nlay designate. This provision is applic-.ble to allY contr-dct invulving Ihe 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 current fISCal year are contingent upon funds for that
<br />purpose being approlJrialed, budgeted and otherwise made available.
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<br />IlOND REQUIREMENT
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<br />3. If this contract involves the payment of more than ten thousand dollars {or the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
<br />Slate, the contractor shall, before entering upon the performance of any such work included in this contract, duly
<br />execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient
<br />bond or other acceptable surety to be approved by said official in a penal sum nol lelis than one-half of the tolal
<br />amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,
<br />conditioned for the due and faithful performance of the contract, and in addition, .shall provide that if the cuntr.lctor or
<br />his subcontrar.:tors fail to duly pay for any labor, materials, team hire, sustenaJlce, provisions, provender or olher
<br />supplies used or consumed by suct! contractor or his subcontractor in peformance of the work contracted (0 be done,
<br />the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
<br />rate of eight per cent per annum. Unless such bond, when so required, is execuloo, delivered and filed, no claim in
<br />favor of the conlractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a
<br />bank money order made pll.yable tv the Treasurer of the Slate of Colorado may be accepted in Ir.:iu of a bond.
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<br />MINIMUM WAGE
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<br />4. Except as otherwise provided by law, jf this contract provides for tbe payment of more than five thousand
<br />dollars :md re(luires or involves the eml)loyment of laborers or mechanics in the constructiun, alteration or repair of
<br />any building or other public worK, (except highways, highway bridges, underp~es and highway structures of all
<br />kinds) within the j,tcograllhir.:al limits (If the Stale, the rate of wage for all laborelS and mechanics employed by the
<br />contractor or allY subcontractor on the building or public work covered by this contract shall be not less than the
<br />prevailing rate af wages for work of a similar nature in the city, town, village or olher civil subdivbioll of the State in
<br />which the building or other public work is located. Dispules respecting prevailing rates will be resolved as provided in
<br />8-16-101, CRS 1973, as amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. llIe contractor agrees to "omply with the letter and spirit of the Colorado Antidiscriminalion Act of 1957,
<br />as amended, und olher applicable law respecting discrimination and unfair employment practice.s (24-34-301, CRS
<br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
<br />1975. PUf"$UOnllhereltJ, Ihe foUowing provisions shall be conlained in all Slale contracls ur !iulH:unlraCIs.
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<br />Ouring the pcrfonnancc of this contr-dCt, the contractor agrees as follows:
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<br />(J) 1lle contractor will not discriminate agaio.st any employee or apJllicant for employment because of
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, tflental or 'physical handicap, or age.
<br />The contractor will take llffirmative action to insure that applicants are employed, and that employees are
<br />treated during employment, wiehout regard to the above mentioned charaCteristics. Such action shall include,
<br />bul not be limited to Ihe following: employment, upgrading, demtltion, or transfer, recruitment or
<br />recruitment advertisings; IlIy-offs or terminations; rates of payor other fonTIS of compensation; and selection
<br />for training, including apprenticeship. nle contractor agrees to post in conspicuous places, available to
<br />employees and applicants for employment, notices to be provided by tile contracting officer setting forth
<br />provisions of this non-discrimination clause.
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<br />(2) The contractor will, in all .solicitations or advertisements for empltlyees placed by or on behalf of the
<br />contractor, .slate that all qualified applicants will receive consideration fOf employment without regard to
<br />racc, creed, color, national urigin, sex, marital status, religion, ancestry, ,nental 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 />t.argaining agreement or other contract or understanding, notice to be provided by the contrncting officer,
<br />advising the labor union or workers' rcpm>entalive of the contractof's commiUment under Ihe Executivc
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Govemor.
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<br />(4) The COil tractor and labor unions will furnish all infonnation and reports required by Executive Order,
<br />Equal (lpportunity and Affirmativl' Action of Apri116, 1975, and by the rules, regulations and Orders of the
<br />Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contr.!;cting
<br />agency and the office of the Governor or his designee for purposes of iJt.vestigation 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 members1tip in such labor organization or
<br />discriminate against any of its membelS in the full enjoyment of work opportunily, because of race, creed,
<br />culor, 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 defijled in lhis contract to be discriminatory or obStruct or prevent ill)Y person from
<br />complying with the provisions of this conlract or any order issued therellnder; or attempt, either directly or
<br />indirectly, to commit an)' l1Ct defined in this Contract to be discriminatory.
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