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<br />Form fl.-I\C.(l2B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This conlrac( shall not be deemed valid until it shall have been approved by the Controller of (he Stale of Colorado or such
<br />assistanl as he may designate. This provision is applicable to any contracl involving the paymem of money by the Sl4ile.
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<br />FUND AVAILABILITY
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<br />2. Financial obligalions of me Stale payable after the currenl fi~aJ year are contingent upon funds for \hal purpose being appropriated,
<br />budgeted and otherwise made available.
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<br />BOND REQUlREJ\.fENT
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<br />3. Iflhis COnlrac! involves the payment of more than fifty thousand dollars for the construction, ercclion, repair, maimenance,
<br />or improvement of any building, road, bridge, viaduct. tunnel. clIcaYation or Olher public work for this Stale, the ~'nntractor shall.
<br />before entering upon the pcrfonnance of any such v.wk included in this contract, duly execute and deliver 10 and lile wilh the official
<br />whose signature appears below for lhe Stale, a grxxf and sufficient bond or other acceptable surety to be approve<.! by ~aid official
<br />in a penal sum not less than one-half of the uJlal amount payable by the teons of this contract. Such bond shall be duly e1l:ecUled
<br />hy a qualified corporate surety, conditinned for the due and faithful perfol111ance of the conlract, and in addition, ~hall provide Ihat
<br />if the contractor or his ~ubcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other
<br />supplies used or con~umed by ~uch contractor or his suocomractor in perfonnance of the work contracfed to be donc. the ,ure:IY will
<br />pay the same in an amount nO! exceedmg the sum ~pecilied in the bond, together with intert:st al the rate of eighl per Cent per annum.
<br />Unless such bond, when so required. is c,xecuted, deli~'ered and tiled. no claim in favor of the contractor ari~ing under this contract
<br />shall be audiled, allowed or paid. A cenllied or ea,hicr'> check or a bank money ordt:r made payable to lhe Trea,urcr of lhe Stale
<br />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 Ihis contract provides for the payment of more than fi~e thousand
<br />dollars and requires or involves lhe employment (If bboren. or mechanics in the construction, altl'ralion or repair uf
<br />any building or (llher public work, lexcept highways, highway bridges, underpasses and highway ~lnll'lures of all
<br />kinds) within the geographic31limils of the Stale, Ihe rate of wage for alllahorers and mechanics empluyed by the
<br />contr.lctor or any subcontral'tor on the building or public work co\'Cred by this contract shall he not Ie" thall the
<br />prevailing rale of wages for work of a simil:n lIalun: in Ihe city, town, village or lither civil ~llbdi~.i,iun 01 the Stale in
<br />which the building or other public work is loc:.lted. Oi'pules respecting prevailing r:.ltes will be resohed:.ls llfllvided in
<br />H-]6.IOI. CRS 1973, a~ amended.
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<br />D1SCRI1\lINA TION ANO AFFIk..\fA TIVE ACTION
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<br />5. The cOntraclOr agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended
<br />and other applicable law respecting discrimination and unfair employment practices (24-34-402, CRS 19711 ~uppkmelll), :.lnd as
<br />required by Executive Order, Equal Op(X)nunity and Affionative'Action, dated Apri] ]6, 1975. Pursuant rhereto. (he fill/owing pmv/.
<br />slUm shall be contained in all Stale contracts or sub.contriJcrs.
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<br />During the perfonllance of this euntrac!. thl' contractor :.lgrees as follows:
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<br />(I) The contractor will not discriminatl' against any employee or applicant for employment hecause of
<br />race, creed, color, national origin, sex, marilal ~latlJs, religion, ance,lry, mental Of physical handic:.lp, or :.lge.
<br />The contractor will take affinnati\'e actioll to insure that applicants are emp]o~.ed, and Ihat employees are
<br />treated during employment. widlOut reg:.lrd to the :.lbove mentioned characteristics. Such action shall include,
<br />but no! be limited to the following: l'mploymenl. upgrading, demotion, or transfer, recnlitment or
<br />recruitml'nt advertising>; lay.ofb or termin:.ltiolls; rates of payor other fonn~ of compensation; and selection
<br />for training, including apprenticeship. The contractor agrees to post in conspicuous places, .available to
<br />employees and applic:.lnts for employment. notices to be pro\ided by the cuntracting officer $l'lIing forth
<br />pro\'isions of this Ilon"di~crimimltilln clause.
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<br />(2) The contractor will. in all ~olicifatinns Of :.ldvertisemenlS for employees placed hy or Oil behalf of the
<br />conlractor. ~tate that all 4.ua]ified applic:.lllts will receive consideratinn for emplnymenl ....-jlhoul regard to
<br />race, creed, color, national origin, ~c\, lll:irita] status, religion, ancestry, menial or physical h:.lndicap, or age.
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<br />(3) The contractor will send to !.'aell labor unioll or representati\.e of workers with which he has collective
<br />bargaining agreemenl or other cOlllract or understanding, notice to be providl'd by the contmcting officer,
<br />advising (be labor union or workers' represelltatiye of the contractor's comlllittment under the Executive
<br />Order, Equal Opportunity and Mfinnalive Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the GuvemoL
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<br />(-I) The contractor and l:.lhor uniolls .....ill furnish all infonnation and reports required br E\ecutive Order,
<br />E4ual OpportunilY alld Aflinll:.lli\c.\l'tiun of April 16.1975, and by the rules, regulations and Orders of the
<br />Governor, or llursu:inl thereto. :illd wilt pe.rmit access to his books, rl'cords, and accounts by the contracting
<br />agency and the oflice Ilf the GO\'ernur or his designee for purposes of invesligalion to ascerlain compliance
<br />with ~uch rules, regulations and urdeT'>.
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<br />(5) A labor organization will not e\c1ude any individual otherwise qualified from full membeT'>hip rights in
<br />such labor organization, or e,xpel any such individual from membership in such labor organization or
<br />discriminate against any of its members in the full enjoyment of work npportunity, because of race, creed,
<br />color, sex, nalional origin, or ancestry.
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<br />(6) A labor organiz:.ltion, or the employees or members thereof will not aid, abel, incite, compel or coerce
<br />the doing of any act defined in this contrnct to be discriminatory or obstruct or prevent any person from
<br />complying with the provisions of lhis contract or any order issued thereunder; or anempt, either directly or
<br />indirectly, to commit any act defined ill this contract to be discriminatory,
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<br />395-53-01,1022
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