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<br />"'mn ('.AC.U111
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<br />SPECIA L FROVISIONS
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<br />CONTROLLEWS .\I'I'IWV AI.
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<br />I. 11lis conll':ll'1 shall nol 1)1' Jl'l'IIlCJ yaliJ IIntil it slwll h:IVC bCl'll allProwd hy the Controller of the State of
<br />Colorado or sllch .1ssistaul .IS he may designate. This provision is allplic.lble jo 1lllY contract illvolviug the payment of
<br />lIloney hy the Slale.'
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<br />FUND AVAILABILIty
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<br />2.. Financial obligations of the State pay.lble after the current fiscal year are ~ol1tingellj upon funds for lhat
<br />purpose being appropriated; budgeted and otherwise made 3vai!able.
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<br />BONO REQUIREMENT
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<br />3. If this contract involves the pllymellt of more than ten thOUS311d dollars for the construction, ereclion, repair,
<br />maintenan~e, or improvement of any building, road, bridge, viaduct, tunnel. excavatIOn or other public wurk: for
<br />this State, the contractor shall, before entering upon the performance of any such work illcluded in this contn;,;:t.
<br />d':lly execute and deliver to and file with' the official whose signature appears below for the State, a good and
<br />sufficient bond to be approved by s:lid official in a I)'enal sum not less than one-half of the total Oill1ount paYOible
<br />by' the terms of this contract. Such bond shall he 9uly executed by a qualified corporule surety, conditioned, for the
<br />due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcoll-
<br />tractors fail to duly pay for any labor, materi'als, team hire, suslenallce, rrovision.~, provender or other supplies used
<br />or consumed by such contractor or his s.ubcontractor in performance of the work contracted to be done, the surety
<br />will liay the same ill lln :lOlOlInt not exceeding the sum specified in the bond, h1gether with interest at the rate of
<br />eight per cent per annum. Unless ,~uch bond, when so required, is executed, delivered and filed, 110 c111illl in f;)vor
<br />.of the contractor .Oirising uuder-this clllitract shall be audited, allowed or paid. '
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<br />MINIMUM WAGE
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<br />4. Except 3S otherwise provided by law, if this contract provides for the payment of mnte thall five thousand
<br />dollars and requires or invfllH~s the employmcnt'ofhlborers or mecll:ln;cs in tll~ cOllslruction, altl'ration or repair or
<br />:my building or other Ilublic work. (except highways, highway bridges. underpasses and' highway struclun's of all
<br />kinds) within the geographkallimits of the State, the rate of ~age for 1I111aborcrs lllld mechanics employed by the
<br />contractor or a~lY subcontractor on the building or public work covered by this contract" Sh11l1 be not less than the
<br />prevailing rail' of wages' for work of a' similar nature in the city, town, villngc or other civil subdivision of the Stale in
<br />which the huilding or other puhlic work is.locOited, Dispute.s respecting prevailing r;ltcs will be. resolvcd as provided in
<br />lS-16-101, CRS 1973. :IS amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5" TIle contractor agrees to comply with the letter nnd spirit of the Color:ldo Antidiscrimination Act of 1957,
<br />as amended. and other applicahle law r~sp~cting discrimination and unfair employment practices (24-34-301. CRS
<br />1973, as amended), and as required by Executive Order, Equal.Opportunity and Affimlative Action, d<lted April 16,
<br />1975, Pursuant f!Jerew; die following prol'is;olls !,.!Jall be cOllfained i/l all S/ale contracts or ,mb-contracts.
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<br />During the perfonnance of this contract, the contractor agrees as. follows:
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<br />(1) TIle contractor will not discriminate against any employee or applican~ for employment bec<luse of
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
<br />11le contractor will take affirmative action to insure that a'pplicants are employed, and that employees Oire
<br />treated during employment. witlrout regard to the above mentioned characteristics. Such action shall include,
<br />but not be limited to tile following: employment. upgrading, demotion, fir transfer, rccmitment or
<br />recmitment advertising;; I:ly-offs ur temlinatiolls; rates of payor other forms of compensation; and selection
<br />for training, including .Ipprenliceship. The contractor agrees to post in conspicuous pl::lces. avail::lble to
<br />employees and applicllnts for employment, notices to be provided hy the contracting officer setting forth
<br />prov.isions of this nOlHliscrimination clause.
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<br />(2) The contrnctor will. in ::Ill solicitations or advertisements for emptoyee.~ placed by or on behalf of the
<br />contractor, state lhat all qmllified applicants will receive consideration for employment without regard to
<br />race, creed, color. national origin, sex, marital status, religion, ancestry, mental or pllysical handicap, or age.
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<br />(3} 111e cClnlractor will send to each Jabor union or represt'ntlltive Ilf workers. with which he has collective
<br />b:lrgailling agreemenl Ilr other contract or understanding, notice to he prtJvided by the ctJ!ltracling officer.
<br />advising the labor .union or workers', representative of the contractors commiUment under the Executive
<br />Order, E{lllal Opportunity and Affirmative 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 ulliollS will furnish all iilformatioll and reports re4uired by Executive Order,
<br />Equal Oppur'tullity Oind ;\ffinnlltil'e Actioll of April 16, 1975, amI hy the rufe.~, reglllatimis and Orde~ of the
<br />Gnvcrnor, M pursu:1I11 ihcrrto, and will permit acce~-s tn his hooks, rccunls, :1I1d accounts by the contracting
<br />agl'lIcy and the office of f!le Govemor or his designee for Illlr(loses of investigation to ascertllin compliance
<br />with sllch nile~, regularions and orders. .
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<br />(5) A I:Jhor org:lIli7"ltion will not exclude any individual otherwise (jualifiecl from.full memhership rights in
<br />such labor urganization, or exile! any such individual frum membcrship ill such 11Ihor organization or
<br />discriminate ag<linst any of its mcmbers in the full enj~yment of work ojlportunity, because of race, creed,
<br />color, sex, national (Irigill, or ancestry.
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<br />(6) A labor orgailization. or the employees or members Hiereof will not aid, abet. incite, compel fir cnerce
<br />the doing of any ael defincd in this contract to be discriminatory or obstruct or prevent allY person from
<br />complying with the provisions.of this contract or any order iS~lled thereLlnder: or attempt, either direcrly or
<br />indirectly, lo'commit ~IlY act defined in thi.~ contract to be discriminatory.
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