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<br />For'l16-AC.(llB
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<br />SPECIAL PROVISIO"S
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<br />CONTROLLER'S APPROVAL
<br />I, This contract shall not be dcemed \'aliduntil it shall have been approved by the Controller of the Sl:,He of Colorado or such
<br />a~sistaltt as he may designate. This prclVisinn is' applicable tn <lny contmct involving the payment of mont'y by the State,
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<br />FUND AVAILABILITY
<br />2. Financial obligations ofttle SWtc paYllblc lIftcr the currcn! fiscal year aro<' contingent upon fund~ for that purpose being appropriated,
<br />budgeted and otherwise made available,
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<br />BOND REQUIREMENT
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<br />3, If this comract involves the payment of morc than fifty thousand dollars for the construction, erection, repair. maintenance,
<br />or improvemem of any building, road. bridge, viaduct. runnel. excavation or other public work for this State, the contractor shall,
<br />before entering upon the petformance of any such work included in this contract. duly execute and deliver to and file with the official
<br />whose sigooture appears below for the State, a good and sufficient bond or other acceptable surety 10 be approved by said official
<br />in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed
<br />by a quaJified corporate surety, conditioned for the due and faithful performance of the comract. and in addition, shall provide that
<br />if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance. provisions, provendor or other
<br />supplies used or consumed by such contractor or his subcontl'actor in perfonnance of the work contracted to be done. the surety will
<br />pay the same in an amount not exceeding the sum specified in the bond. together with interest at the rate of eight per cenl per annum.
<br />Unless such bond, when so required. is executed. delivered and filed, no claim in favor of the contractor arising under this contract
<br />shall be audited, allowed or paid. A cenified or cashier's check or a bank money order made payable to the Treasurer of the State
<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 this contract provides for the payment of more than five thousand
<br />dollars and requires or involves the employment of laborers or mechanics in the construction, alleration 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 rate of wage for all laborers and mechanics employed by the
<br />contractor or any subcontracto-r on the building or public work covered by this contrace shall be not less than the
<br />prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in
<br />which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
<br />8-16-101, CRS 1973, as amended.
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<br />DISCRIMINATION AND AFFIRMA TlYE ACTION
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<br />S. The contractor 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 (24-34402, CRS 197'Q supplement), and as
<br />required by Executive Order, Equal Opponunil)' and Affirmative Action. dated April 16, 1975. Pursuant thereto, the following provj-
<br />sions shall be contained in all Stare contracts or sub-contracts.
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<br />During the performance 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 />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
<br />The contractor will take affirmative action to insure that applicants are employed, and that ~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: emp!oyment, upgrading, demotion, or transfer, recruitment or
<br />recruitment advertisin~; lay-offs or terminations; rates of payor other forms of compensation; and selection
<br />for train'ing, including apprenticeship. The contractor agrees to post in conspicuous places, ayaiJable 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 all solicitations or advertisements for employees placed by or on behalf of the
<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 handicap, or age.
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<br />(3) The contractor will send eo each labor unioll 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 union or workers' representative of the contractor's committment under the Executive
<br />Order, Equal Opportunity and Affirmati,'e Action, dated April 16; 1975, and of the rule;, 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 and Affirmative Action of April 16. 1975, and by the rules, regulations and Orders of the
<br />Governor, or pursuant thereto, aud \.ViII 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 nnd orders,
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<br />(5) A Jabor organization will not exclude any individual oth{'rwise 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 of race, creed,
<br />color, Sex, national 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 directly or
<br />indirectly, to commit any act defined in this contract to be discriminatory.
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<br />39~s:J.OH022
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