<br />form 6.AC.02B
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<br />SPECI~L PROVISIONS
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<br />CONTROLlER'S API'ROV AL
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<br />I. This contract shall not he deemed valid until il shall ha\'e been appro\'ed by the Controller of the State of
<br />Colorado or Slit'll assistant as he Illay de~igllate, This prtl\'i~ioJl i~ applicahle 10 auy conlracl involving the payment of
<br />Illoney by the St<lte.
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<br />FUND AVAILAUlLlTY
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<br />2. Financial ohligaliuns of Ihe State payable after the CUrn.'lll fisl.:al year :lfe contingenl upon funds for Ihat
<br />purpose being appropriated, budgeted aud otherwise made availahle.
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<br />BOND REQUIREMENT
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<br />3. If this contract involvcs the paymenl of more than ten thousand dollars for the conslruction, erection," repair,
<br />maintenance, or improvement of any huilding, road, bridge, viaduct, tunnel, excavation or other public work for this
<br />State, the contractor shall, before enlering upon the perfonnance of any such work included in Ihis conlract, duly
<br />execute and deliver to and file with the official whose signature appcars below for the State, a good and 'sufficient
<br />bond or other acceptable surety to be approved by said official in a penal sum not less Ihan one-half of the IOlal
<br />amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surely,
<br />conditioned for the due and faithful perfonnance of the contract, and in addition, shall provide that if lhe conlractor 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 subcontractor in pefonnance of the work contracted to be done,
<br />lhe surely will pay the same in an amount not exceeding Ihe sum specified in the bond, IOgelher with interest at the
<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 contractor arising under this cantral'l 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 Slale 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 Ihi~ cunlract prnvides for the payment of more thlln five thousllnd
<br />dollars and requires or involves Ihe 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 wage for alllahtlrers and mechanics employed by the
<br />contractnr ur any subcontractor on the building or public work covcred by this contract shall be nul less than Ihe
<br />prevailing rate of wages for work of a similar nature in the CilY, town, village or other civil subdivision of the Slate in
<br />which the building ur other public work is located, Disputes respecting prevailing rales will be resolved as pro\'ided in
<br />8.16.101, CRS 1973, as amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5, TIle contractor agrees to cOlllply with the tetter and spirit of the ColorJdo Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (24.34.301, CRS
<br />1973, as amended), and as required by ExecUlive Order, Equal OpportlluilY and Affinnalive Action, dated April 16,
<br />1975. Pursuanl rhnelO, Ihl! j"o/Jow;ng provisiulI.\" ~ha/J be ('Imlwi'l'd jll (III Statl! ('Uf/tracts or SIIIH'Of/lr(lcts.
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<br />During the perfomlance of this contract, the contr.lclur :Igrees as folluws:
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<br />(I) The contractor will not discriminate against :lIIY employee or applicant for employment becau'ie of
<br />race, creed, color, national origin, SCX, marital stalus, religion, aucestry, mental or physical handicap, or age,
<br />The contractor will take affirmative action to insure Ihat 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: empluymelll, upgrading, demotion, or transfer, recmilmellt or
<br />recruitment advertising;; lay-offs or temlinations: rates of payor other fonns of compensation; and selection
<br />for training, including apprenticeship, The contractor agrees to post in cOllspicuous places, availabll' to
<br />employees and applicants for employment, notices to be provided by the contracting officer setling forth
<br />provisiuns of thi~ non.discrimination clause,
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<br />(2) 1111.' contractor ....ill, in all solicifations or advertisements for employees placed by or 011 behalf of the
<br />contraclor, state that all qualified applicants will receive consideration for employment without regard to
<br />race, creed, color, Jlational urigin, sex, marital status, religion, ancestry, mental or physical handicap, or age,
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<br />(3) The contractor will selld to each labor unioll or representati,'e of workers wilh which he has collective
<br />bargaining agreement or other contract or understanding, nOlice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's commiltment under the Executive
<br />Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor,
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<br />(4) The contraclor and labor unions will furnish all infonnation and rellorts required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of Ihe
<br />Governor, or pursuant thereto, and will permit 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 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 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 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 defined in this contract (0 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 />indireclly, to commit allY act defined in this contract to be discriminatory,
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<br />395.53.01.C028
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