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<br />.J Farm 6-AC-oIR
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such
<br />assistant as he may designate. This provision is applicable to any contract involving the payment of money by thc State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the State payable after L1le currcntliscal YC<lr arc contingent upon funds for tlmt purpose bcingappropriatcd.
<br />budgeted and otherwise made availilble.
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<br />BOND REQUIREMENT
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<br />3. If this Contract involves the payment of more than nlly thousand dollars for the construction, crection, repair. main-
<br />tenance, or improvement of any buildillg, road, bridge, viaduct. tunnel. excavation or olher public works for lhis St:lle, ihe
<br />. contractor sha]I, before enter ing the perform:lnee of any such work included in this contract, duly. execute alllJ deliver to and
<br />file with the official whose signature appears below for the Sl~te. a good ,l1ld sufficient ~nd or olher acceptable surety to be
<br />approved by said official in a penal sum nol less than one-hnlf of the tolal amount pnyahlc by the terms oflhis conlract. Such
<br />bond shall be duly executed by a qu~lined corporate surely, condilioncd for the due :lnt! faithful performnnce or the cunlmcl,
<br />and in addition, shall provide that if the contractor or his SUbconlractors fail 10 duly pay for any Iflbor. materi,lls. tCflm hire.
<br />sustenance, provisions, provendor or other supplies lIsed or consumed by such conlmclor or his subconlraclor in pcrfor-
<br />mance of the work contracted to be done, the surety will pay lllc same in an HffiOllnlllol excecding the sum specificd in the
<br />bond, together with interest at the r<lte of cight pCI' cenl per annum. Unless such bond. when so required. is executed.
<br />delivered and filed, no claim in favor ofthe contractor arising under this contract Shall be audiled. allowed or pHil!. ^ certified
<br />or cashier's check or a bank money ord~r payable to the Treasurer of the State of Colorado may be acccpted in lieu of a bond.
<br />This provision is in compliance with 38-26- I 06 CRS. as llmended.
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<br />MINIMUM WAGE
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<br />4. Except as otherwise provided by law, if this contract is in excess of one hundred filly thous[llld dollars and re4\11reS
<br />or involves the employment of laborers or mechanics in the conslruction, altcration or repair of any building or other public
<br />works (except highways, highway bridges, underpasses and highway structures of all killds or contracts for any purpoSe to
<br />which the state department ofhighwayG or the chicfengineer is a party) within the geol!.mrhicallimits orthe St,lIe, the rate of
<br />wages for all laborers and mechanics employed by the contractor or any subcontraclor on the building. or olher public works
<br />covered under the conlrnet shall nol be less than the prevailing rate of wages ror work of a similar nature in the county. cilY
<br />and county. or municipality of the State in which the building or other public w()rks is located. The prevailing rate of wilges
<br />and the resolution of any dispules reGulling therefrom sl11l11 be as prescribed by 8-16-101 CRS, as amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The 'contractor agrees 10 comply with the Ie ltcI' and spirit of the Colorado Antidiscrimination Act or 1957. as
<br />amended. and other applicable taw respecting discrimination and unrair employmcnt practices (24-34-402. CI\S 1982
<br />Replacement VoL), and as required by Executive Order. Equal Opportunity and Aflirmative Action. datcd April 16. 1975.
<br />Pursuant thereto, the following provisions shall be contained ill all State COli tracts or sUb-confracls.
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<br />During the perfonnance of this contract, the COntractor agrees as follows:
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<br />(I) The cuntractor will not discriminate against allY elU\Jloyee or applicant for employment because of
<br />race, creed. color, national origin, sex. marital status, religion, ancestry, mental or physical handicap, Or age.
<br />TIle contractor will take affirmative action to insure that applicants are employed, and that employees are
<br />treated during employment. without regard to the nbove mentioned charllcteristics. Such llction shall include,
<br />but not be limited to the following: employment, upgrading, demotion, or transfer. recmitmcnt or
<br />recmitmellt lldvertisings; lay-offs or temlilllltions: rates of payor othcr forms of cOlllpensntion; and selection
<br />for training, including aPIHenticeship, The contrnctor agrees to post in conspiCltOUS places, available to
<br />employees and applie.lnts fOf employment, notices to be provided by the contracting officer setting forth
<br />provisions of this 1I0lHliscrimination clause.
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<br />(2) TIle contractor will, in all solicitations or lldvertisements for employees placed by or on behalf of the
<br />'contraclor, state lhat all qualified .lpplicallts will receive considerntion for employment without regard to
<br />race, creed, color, national origin. sex, 1113rital status, religion, ancestry, menial or physical handicap, or age.
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<br />(3) The contractor will ~end to c3ch labor union or representative of workers. with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be providcd by the contrJcting officer,
<br />advising the labor union or workers' representative of the 'contraclor's committment 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 Gov~mor.
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<br />(4) TIle contrnctof and labor ~nions will ftlmish all infonnation and.r~ports required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, and by 'the rules. regulations and Orders of the
<br />Governor, or pursuant thereto, lllld .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 cOffil>liance
<br />with such rules', regulation, and orders.
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<br />(5) A labor organization will not exclude allY individual otherwise qualified from full membership rights in
<br />such labor organization, or expel any stich individual from membership in such labor orgnnizntion or
<br />discriminate against any of its members ill 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 organizatioll, or the employees or ll1emb~rs thereof willllot :tid, llbet, incite, compel or coerce
<br />the doing of any act defined in this contract to be discriminatory or obstruct or prevent nllY person from
<br />complying with the provi~iolls of this contract or any order isslled thereunder; or attempt, either directly ur
<br />indirectly, to commit any act defined in this contract to be discriminatol)'.
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<br />39S.S3{)\.1022
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