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<br />furm 6-AC-U2U
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<br />SPECIA.L PROVISIONS
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<br />CONTROLLER'S APPROV AL
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<br />I, This CUlltract shall not be deemed Yalid t1111il it shall have heen approwd I)y the Controller of the State of
<br />Colorado or such as"i~tallt as he ma}' de~ignate. This pruYbiull b applicable Itl allY cUlltract involYing tht' payment of
<br />money by the State.
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<br />FUND AVAILABILITY
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<br />2, Financial obligatillns of tlw State payable aft..r the curreut fbeal year are cOlltingent UpOll funds for that
<br />purpose being appropriated, budgeted and otherwise made avaibblt'.
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<br />BOND REQUIREMENT
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<br />3. If this contract involves the payment of more than ,ten thnmand dollars for the construction, erection. 'repair,
<br />maintenance, or improvement of any building. road, bridge. viaduct, tunnel, excavalion or other public work thr this
<br />State, the contractor shaJJ, before eMering upon the performance of any such work included in this contract, duly
<br />execute and deliver to and file with the official whose signature appear!> below for the State, a good and 'sufficient
<br />bond or other acceptable surety to I)e approved by said official in a penal sum not less than (me-half of the total
<br />amount payable by the terms of thili contract. Such bond shall be duly ex.ecuted by a qualified corporate surety,
<br />conditioned for the due and faithful performance of the contract, and in addition, shall provide thai 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 contractor or his subconlractor in peformance of lhe work contracted 10 be done,
<br />the surety will pay the same in an amount not exceeding the sum specified in the bond, together 'with interesl at (he
<br />rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in
<br />favor of the conlraclor arising under this contract shall be audited, allowed or paid. ^ certified or cashier's check or a
<br />bank money order made payable to tne Treasurer of the State of Colorado may be accepted in leiu of a bond.
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<br />MINIMUM WAGE
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<br />4. Except as otherwise provided by law, if this contract provides for the payment of more than five thOllSand
<br />dollars and requires or involves the employment of laborers or mechanics in the construction, 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.lge for aJllahorers ~lIld mechanics empluyed by the
<br />contractor or any subcontractor on the building or public work covered by this contract shall be not less thall Ihe
<br />prevailing rate of wages for work of il similar nature in the city, town, village or other civil subdiyision of the State in
<br />which the building or other public work is Incated. Disputes respecting prevailing ral~S will be resolved as pro~'ided in
<br />8-16-101. CRS 1973, as amended.
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<br />DISCRIMINATION AND AFFIRMAT'lVE ACTION
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<br />5. TIle contr-dctor agrees to comply with lhe letter allllspirit nf the Colurado Antidiscriminatioll Art of 1957.
<br />as amended, and other applicable law respecting discrimination and unfair emploYlllent practices (24-3+301, CRS
<br />1973, as amended), and as requircd by E\eculive Order, Equal Opportunity and Affinnati\'e Action, daled April 16,
<br />1975, Pursualll Ihereto. tilt' following provisiom' !>hall be t'lmlailletl ill all Slale cOl/tracts or sllb-('01l'racls.
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<br />During the p~rfonnance of this contract. the contractllr "get'e;, as follows:
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<br />(I) The contractor will not discriminate against any employee or applicilnt for employment becalls~ of
<br />race, creed, color, lIational origin, sex. marital status, religion, ancestry, mental or physical handicap, or age,
<br />nle contractor will lake affinnative actiol! to insure thai applicants are employed, and that employees are
<br />treated during employment, without regard to the above mentioned characteristics. Such action shall include.
<br />but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
<br />recruitment ad\'ertisings; lay-offs or tenninations; rates ()fpay or other forms of compensatiulI; amI selection
<br />for training, including app~nticeship, The contractor agrees to pust in conspieuous places, 3\'ailable to
<br />employees and applicants for employment, notices to be provided by the contracting officer selling forth
<br />provisions of this non-discrimination clause.
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<br />(2) TIle contractor wiJl, in all solicitations or advertisements for employe~s placed by or on hehalf of the
<br />contractor, state that all qU;llified applicants will receive consideratioll for employment without regard to
<br />race, creed, color. national origin, sex, marital status, religion, allcestry, mental or physical handicap. or age.
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<br />(3) The contractor will send to each labor union or representath'e of worker.i with which he has collective
<br />bargaining agreement or oth!;,r contract or understanding, notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's COnlmittment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
<br />Equal Opportunity and Affinnative Action of April 16, 1975, and by the ruleS, regulations and Orders of the
<br />Governor, or pursuant thereto, and will pennit access to his books. records, and accounts by the contracting
<br />agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
<br />with such mles, regulations and orders.
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<br />(5) A labor organization will not exclude any individual otherwise qualified rrom full membel1ihip rights in
<br />such labor organization, or expel any such individuaJ from membership in such labor organization 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 llncestry,
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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 order issued thereunder; or aitempt, eith~r directly or
<br />indireclly, to commit any act defined in this contract to be discriminatory,
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<br />395-53-Ql-C028
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