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<br />Form 6-AC-02B
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<br />SPECIAL 'PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1. This contract shaJ] not be deemed val(d until it shall have ~n approved by the Controller oflhe State of Colorado or such
<br />assistant as he may designate. This provision js applicable to any Contract involving Ihe payment of money b~ the Slate.
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<br />FUND AVAILABILITY
<br />2. Financial obligations of tile State payable after the current fiscal year are contingent upon funds for that purpose being appropriated.
<br />budgeted and otherwise made available.
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<br />BOND REQUIREMENT
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<br />3. .fthis contract involves the payment of more than fifty thousand dollars for the construction, erection. repair. main-
<br />tenance, or improvement of any building, road. bridge. viaduct. tUnnel, excavation or other public works for this State. the
<br />contractor shall. before enter iog the perfonnance of any such work included in this colltract, duly execute and deliver to and
<br />file With the officii;' whos~ signature appears below for the State. It good and sufficient bond or other accepiable suret.v to be
<br />apprC)Ved by said official in a penal sum not less than one-half of the total amount payable by the tenns of this contract. Such
<br />bond shall be duly execut~d by a qualified corporate surety, conditioned for the due and faithful perfonnance of the contract.
<br />and ill. addition. shall provide that if the contractor or his subcontractors fail to duly P<lY for any labor, materials. team hire,
<br />sustet'lance, provisions. provendor or other Supplies used or con~umed by such contJ'actor or his subcontractor in perfor-
<br />mance of the work contracted to be done. the surety will pay the ~ame in an amount not exceeding the SUf11 specified in the
<br />bond, together with interest at the rate of eight per cent per annum. Unless such l:1ond. when so requited. is executed.
<br />deliv~red and filed, no claim in favor of the COntractor arising undet this contract shall be audited. allowed or paid. A certified
<br />or ca~hier's check or a bank money order payable to the Treasurer of the State of ColorAdo may be accepte'd in lieu of a bond.
<br />This provision is in comlJliance with 38-26--106 CRS, as amended.
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<br />MINIMUM WAGE
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<br />4. Except as otherwise pro\lided by law. if this contract is in excess of one hundred fifty thousand dollars and requires
<br />or involves the employment of laborers or mechanics in the construction. alteration or repair of any building or other public
<br />works (except highways, highway bridges. underpasses and highWay structures of all kinds or contracts for any purpose to
<br />which the state depanment of highways or the chief engineer is a party) within the geographical limits of the State. the rate of
<br />wages for all laborers and mechanics employed by the contractor Or any subcontractor on the building or other public works
<br />covered under the contract shall not be less than the prevailing rate of wages for work of a similar nature in the county. city
<br />and county. or municipality of the State in which the building or other public works is located. The prevailing rate of wages
<br />and the resolution of any disputes resulting therefrom shall be as prescribed by 8-16-101 CRS, as aml:nded.
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<br />DlSCRIMINA TlON AND AFFIRMATIVE ACTION
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<br />5. The contractor I.lgrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as
<br />amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1982
<br />Replacement Vol.). and a~ required by ExeCutive Order. Equal Opportunity and Affirmative Action. dateq April 16, 1975.
<br />Pursu.ant thereto, the following pr()vi.sion.s shall be contained in all State contractS or sub-contracts.
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<br />During the perfc)nnance (.If this COntrnct, the contrnctQr agrees as follows:
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<br />(I) The contractor will not distriminate against any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
<br />The contractor will take affirmative action to insure that 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 lilllited to the fOIl()wing: employment, upgrnding, .demotion, or transfer, recruitment or
<br />recruitment advertisin~; lay-oUs ()r tenninations; rtlt~s of payor other fonns of compensation; and selection
<br />for training, induding apprenticeship. The 'contrac(or agrees to post in cQnspicuous places, available to
<br />employees and applicants for employment, notices to be provided by the contrncting officer setting forth
<br />provisions of this non-discrimination clause.
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<br />(2) The contmctor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor, stat~ that all qualified applicants will reteive consideration for employment 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 Ot representative of worke~ with which he has collective
<br />bargaining agreement or other COntract or unde~tanding, notice to be provided by the contracting officer,
<br />advising the labor union or work~~' representative of the contractor's committment und~r the Executive
<br />Order, Equal Opportunity and Affinnative Action, d<ited April J6, 1975, and of the rules, regulations, and
<br />relevant Orde~ of the Governor.
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<br />(4) The contntctor and labor unions will furnish all infonnation and reports required by ~xecutjve Order,
<br />Equal Opportun.ity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
<br />Governor, or pUrsuant thereto, and will pennit acces~ to his books, records, and accounts by the contracting
<br />agency and the office of the Governor or his designee for purposes of irlvestigation to ascertain compliance
<br />with such rules, regulations and orders.
<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 membersj1ip in such labor organization or
<br />discriminate against any of its mernbe~ in the full enjoyment of work opportunity, because of race, creed,
<br />color, sex, natiOl'lal origin, or ancestry.
<br />(6) A labor organizatiOr\, or the employees or membe~ thereof will not aid, abet, incite, compel or coerce
<br />the doing of any act defifled 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 attempt, either directly or
<br />indirectly, to commit any 9ct defined in this contract to be discriminatory.
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<br />395-53-01_1022
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