<br />F"rl1l 6-AC-02D
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1. This contract shall not be decmed valid until it shall have been approved by the Controller of the Statc of
<br />Colorado or such assishmt as he may designate. This provision is applicable to any contract involving the pllyment of
<br />11l0llCY hy the StlltC.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the State payable after the current fiscal year are contingent tlpon funds for that
<br />purpose being aplJropriated, budgeted and otherwise made available.
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<br />1l0NO REQUIREMENT
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<br />3: ',If this contract involves the payment of more than ten thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
<br />State, the contractor shall. before entering upon the performance of any such work included in this contract, duly
<br />execute and deliver to and file with the official whose signature appears 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 than one. half of the total
<br />nmoum payable by the terms of this (:ontract. Such bond shall be duJy executed by a qualified corporate surety,
<br />conditioned for the due and faithful perfonnance of the contract, and in addition. shall provide that if the contractor or
<br />hi.~ subcontractor... fuil to duly pay for any labor. matcrials, tcam hirc, sustenance, provisions, provender or other
<br />supplies used or consumed by such contractor or his subcontractor in pefonnance of the work contracted to bc done,
<br />Ihe surcty will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the
<br />rafe 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 ,his contract shall be audited. allowed or paid, A cert.ified or cashier's eheck or a
<br />bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of 11 bond.
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<br />MINIMUM WAGE
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<br />4. Exccpt ;IS flthcrwi~c provided by law, jf lItis contract provides for the payment of more than five thousand
<br />dollars und requires or involves the employment of laborers or mechanics in the construction, altcrlltioll or repair of
<br />allY huilding or other public work, (except highwllYS, highwclY bridges, underpasses and highway structures of aU
<br />kinds) within the geograj>hicallimit'l of the State, ttle rate of wage for all laborers und mechanics employed by the
<br />('unlr.lclor or UIlY subconlmclor on the building or public work covered by this contract shall be not less than the
<br />prcvniling rate of wnges for work of a similar nature in the city, town, village or other civil subdivision of the State ill
<br />which the building or other public work is located. Dispotes respecting prev;l.Uing rates will be resolved as provided in
<br />S-16-JOI, CRS 1973. as amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />s. 111e contractor agrees to comply wjth the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />1I.~ llmended, uod othcr Ilpplicable law respecting discrimination and unfair employment ptaetices (24-34-301, CRS
<br />1973, as amended), and as required by Executive Order, Equal Opportunity and Affinnative Action, dated Aj>nll6,
<br />1975. Pursuant t/ten'Jo, the foUowing prol1isions shall be conJained ill 011 Slale contracts or suIJ..cOJl/rocts.
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<br />During the I)erfonnance of this contract, the contractor agrees as follows;
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<br />(I) The contractor will not discriminate against any employee or applicant for employment because of
<br />ClICC, creed, color, ll<JtiOlllllllngin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
<br />TJJe contr<lctor will take affinnative action to insure that applicants are employed, and that ernploycCli Ute
<br />trclltcd during cmployment, without regard to the above mentioned characteristics. Such action shall include,
<br />but not be limited to the following: employment, upgrading, demotion, or transfer, recmitment or
<br />recruitmcnt :uJvcrtisings; lay-orfs or tenninations; rates of payor other fonns of compensation; and selection
<br />for' training, including apprenticeship. The contractor agrees to pc>st in conspicuous places, available to
<br />employees and avplic<llIts for employment, notices to be provided by the contracting officer setting forth
<br />provisions of tlds non-discrimination clause.
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<br />(2) The contractor will. in all solicitations or advertisements for' employees placed by or on behalf of the
<br />contractor, state that aU qualified applicants will receive consideration for employment without regard to
<br />race, creed, color. national origin, sex, marital status. religion, ancestIy, mental or physical handicap. or age.
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<br />(]) TIle contractor will send to each labor union or representative of workers widl which he has collective
<br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's committment under the Executive
<br />Order. Equal OpP(lrtunity and Affinnative Action, dated April 16, 1975, and of the rules, regulutions, <lnd
<br />relevant Orders of the Governor. >,
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<br />(4) nle contl"detor and Illbor unions will furnish all Jofonnation and reports required by Executive Order,
<br />Equal Opportunity and Affirmative Action of AprilI6~, 1975, and by the roles, regulations and Orders of the
<br />Governor, Of pursullnt thereto, and will pennit access '0 his books, recordS.llnd 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 orgmlization, or expel any such individual from membership in such Jabor organization or
<br />discriminate against any of its members in the full enjoyment of wolk opportunity. because of race, creed.
<br />color, sex, nutional 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 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 directJy or
<br />indirectly, to commit any act defined in this contract to be discriminatory.
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