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<br />Form 6.AC.02ll
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<br />SI'EeIA L PROVISIONS
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<br />CO~TROLLER 'S AI'I'ROV AL
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<br />I. 111i~ cuntract ~hall nut be ul....m...d \'alid III11il it ~hall ha\'c nC1'1I :II'IHCJ\'I"J by the Controller of the Stale of
<br />Cnlorado or such <ls.~i~tal1t as he Ill:!} dc..ignale. Thi.. pmvi..iun h applicabk' III any contr;H"1 invoh'illg the p;lymenl of
<br />mOiler by th", Statl'.
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<br />FUNlJ AVAILABtLlTY
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<br />2. Finallcial ohligations of the SIOlh' IJayabl... .lftl'! Iht' current fisc;.1 yrar .ut' contingent UpOIl fuud,; fOJ' Ihat
<br />purptlsl' being appwpri:lkd, hudgdNI alld otherwise made arailablt'.
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<br />LlOND H.EQlIIRE~I[NT
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<br />J. If this cOlllract invulves the payment of more than ten thousand dnllars. for the comtruction, erecliol), repair,
<br />maintenance, or improveJllent of any huilding, road, bridge, viaduct, tunnel. excavation or othcr publi.: work for this
<br />State, the COl1tr;I('lor shall, before entering upon the pcrfonnance of any such work included in this contract, duly
<br />execute and deli\er to and file with the official whose signature appear.. below for the Stute, a gOlxl and I,s.ufficient
<br />bond or other ac..:.:plable surety to be approved by ~aid offici:ll in a penal slim not less than one-half of the total
<br />amount payable by the terms of this mnuac!. Such bond shall be duly executed by a qualified corporate surely,
<br />condilioned for the due and faithful perfonnance of Ih.: contract, and in addition, shilll provide that if the contractor or
<br />his subcontractors fail to duly pay for any labor. materials. team hire, sustenance, provisions, provender or other
<br />supplies used or consumed by such comractor or his subcontraclor in pcfoffilance of the work contracted to be done,
<br />the surety will pay the same in an amoum nol exceeding the sum specitkd in the bond, togt:tht:r wilh inferest at the
<br />rate of eight per cenl per annum. Unless such bond, when so required. is executed, delivered and filed, no claim in
<br />favor oflhe contractor arising under thi.. contract shall be audited, allowed or paid. A certified or cashier's check or a
<br />bank money order made payable 10 the Treasurer of the Stale of Colorado may be accepted in kill of a bond.
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<br />MINIMUM WAGE
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<br />4. Except as othf'rwi.s.e provided by law, if this contract provides for the i1aymelll of mure ,hun fh'e thousand
<br />dollars and requires or involves the employment of laborers or mechanics ill the cunslrudioll. alteration or rep3ir of
<br />any building or other public work. (exc"'pt highw3Ys. high.....ay bridges. und",rpasses and highway structures of all
<br />kinds) within the geographical limits of the State, the raft' of wage for ,tlllaborers and mechanics employed by the
<br />contnlctor or any subcontractor 011 the building or puhlic work l'on'red by lhi~ conlract shall be not less than the
<br />prevailing rate of wages for work of a similar nature in th~ cifY, town, village or olher ci\'il subdivision of the State ill
<br />which the building or other puhlic work is Im'ated. Dispute.. respecting prevailing rates will be resolwd as provided in
<br />8.16.101. cns 1973. as amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The contrdctor agrees to comply with the letter and ~pilit of the Colorado Antidiscriminalion Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair f'mployment practices 0+34-301, CRS
<br />1973, as amendl'd), and as required by Executive Order. ElJua\ Opporlunity and Affinn:ltive Action. dated April 16.
<br />1975. Pursuant thereto, the [oJ/owing [JfovisioJf!j shull be /'U1Jtaillt'r/ il/ all S/ate CQlltracts or sub-con/mets.
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<br />During the perfonnance of this conlmct. the Clllllmchlr agrees a~ follows;
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<br />(1) The contractor will not discriminate against any employee or applicllnt for cmployment beC3Us.t" of
<br />race, creed. color, national origin, sex. marital status, rdigion, anccstry, mental or physical handicap, or age.
<br />The contractor will take aflirmative uctioll to insure thai applicants are employed, and lhat employees arc
<br />treated during employment: without regard to the above mentioned characteristics, Such aclinn shall include.
<br />but not be limited 10 'he following: employment, upgrading, demotion. or tr.mder, .recruitment or
<br />recruitment advertisings.; lay-offs or termil13lions: rates of payor other fomls of compensation; and selel,tioll
<br />for training, including apprC'l1ticeship. The contractor agrees to p(J~t in cOllspicuous places. available to
<br />employees and applicants for employment, notices to be provided by Ihe cOlltracting officer selling forth
<br />pco\'isiolls of this 1I0n.discrimination clause.
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<br />(2) The contractor will. in all solicitations or advertisements for eml)loyees placed by or on behalf of the
<br />contractor, state that all qualitied applicants will receive considemtioll for elllllloyment without regard to
<br />race, creed, 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 of workers ....ilh which he has collective
<br />bargaining agreement or other contrdct or understanding, notice (0 be provided by the cOlllrdcting officer,
<br />advising the labor union or workers' representative of the contractor's committmen! under the E.xeculive
<br />Order, Equal Opportunity and Affirmative Action, dated AIlril16, 1975, and of the rules, regulations, and
<br />relev;mt Order.; of the Governor.
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<br />(4) llte contmclor and lahor unions will furnish all infomlalion and ..cpOrES required by Executh'e Order.
<br />Equal Opportunity and Affirmative Action of April 16, 1975, awl h)' the rules, TC'gulations and Orders of the
<br />Governor, or pursuant therdn, aud will pennit access to his books, records, ;lIId accounts by the cOlllr:lcting
<br />agency and the office of the Go\'emor or his designee for purposes of iln'cstigation to ascertain compliance
<br />with such rules, regulations and orders.
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<br />(5) A labor organization will not exclude any individuul otherwise qualified tram full IllelllbershiJl rights in
<br />such labor organization, or expel any such individual from Ilwmbership in such labor organi/.alion or
<br />discriminate against any of 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 memb~rs thereof \\ill not aid, abd, incite, compel or coerce
<br />the doing of any act defined in this cOlltracl to be discriminatory or ob;.truct or prevent any person from
<br />complying with the provisions of this l;ontract or any order issued thl"reullder; or allempt, either directly or
<br />indirectly, tocommil any act defined ill this contract to be discriminatory.
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<br />39S.53-01-C 028
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