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<br />Form 6.AC.02B
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<br />. SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROV AL
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<br />I. This contract shall not be deemed v:ilid until it shall have been approved by the Con.trol!er of the State of
<br />Colorado or such assistant as he mllY de.ign:lte. This provi~ion i.\ OIpplicable to :my contract involving the payment of.
<br />money by' the State. .
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<br />FUND AYAILABILlTY
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<br />2_ Financial obligations of the. State payable after !hc CUrrent fiscal year are"crtingent upon funds for that
<br />purpose being appropriated. budgeted and utherwise, made available_ I
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<br />BOND REQUIREMENT
<br />3. If this contract involves the payment of more than te~ thousand dollars for ~he conslruction. erection. repair,.
<br />maintenance, or improvement of any huilding. road, bridge. viaduct lunnel. 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 fgufficient
<br />bond or other acceptable surety to be approved by said official in a penal sum not less than one. half of the [Dtal
<br />amount payable by the terms of thiS contract. Such bond shall be duly executed by a qualified 'corporate surety,
<br />conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the conlractor or
<br />his subcontractors fail to duly pay for any labor, materials. team hire, sustenance, provisions, provender qr other
<br />supplies used or consumed by such contractor or his subconlractor in. pefonnance of the work contracted to be done, '
<br />the surety will pay the same in an amount not exceeding lhe sum specified in the bond, together with interest at the
<br />rate of eight per cent. per annum. Unless such bond, .when so required, is executc:d, delivered' and filed, -no claim in
<br />favor of the contractor arising under this contract shall be audited, allowed or paid. A certifted or cashier's check or a
<br />bank money order made payable to the Treasurer of the State .of Colorado may be accepted in leiu of a bond.
<br />MINIMUM WAGE
<br />4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
<br />dollars and requires or involves the employment. of laborers,or 111echanics 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 r,de of wage for, all laborers and mechanics emp'oyed by the
<br />contractor or any s.ubcontractor on the building or public work covered by this'contract shall be not less than the
<br />prevailing rate of wages for work of a similar nature in the city, lawn, village or other civil subdivision of the State in
<br />which the building or other public work is Ineated. Disputes' respecting.prevailing rates wHl be resolved as provided in
<br />8.16-101. CR~ 1973. as amended. .
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended. and other l:!pplicable law respecling discrimination and unfair employment practice:; (24-34-301, CRS
<br />1973, as amended), and as required by Executive Order. Equal Opportunity and Affinnative Action, dated April'16,
<br />1975_ Pursuonllh"erelo, the folloWI~g provisj(jn.~ shall be COlllained in all Slale contracts or $ub<onlraCIs.
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<br />During the perfonnance of this contract, the contractor agrees as follows:
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<br />(I) The con'tractor will not discriminate 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 contrador will take affirmative action to insure that applicants are employed, and tbat 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: employment. upgrading. demotion. or transfer, recruitment or
<br />recruitment advertisings.: lay-offs or tenninations: rates of payor other foons of compensation: and selection'
<br />for training, including apprenticeship_ The contractor agrees 10 posl _in conspicuous places, available to
<br />employees and applicants for employment, 'notices to be provided by the contracting officer setting forth
<br />provisions of this non.discrimination clause.
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<br />(2) The contractor will, in'ail solicitations or advertisements for employees placed by or on behalf oCthe.
<br />contractor, state that all qualified applicants will receive consideration for employment without regard to
<br />race, creed, color, national origin, sex, marital status, religion. ancestry, mental. or physical handicay. or age.'
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<br />(3) The contractor will send to ea.ch Jabor union or representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
<br />advising the labor uliion or workers' representative of the contractor's committment 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 contractor and labor unions, will furnish all information and reports required by Executive Order,
<br />"Equal Opportunity a~d Affirmative- Action of April 16, 1975, and by the rules, regulations and Orders of the
<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 ohace, creed,
<br />color, sex, national origin, o-r 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 pR:vent 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 act defined in this cont~ct to be discriminatory.
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<br />395-53.01.C 028
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