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<br />Form 6-AC-028
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. Thi~ contract ~hal1n()t be deemed v<llid until it ~haJl havt: bt:en approved by Ih.: Controller of the State of Colomdo or such
<br />a~~i~lant <IS he may dc~ignale. This provision is applicable to any contmct involving the pilymenl of money by the State.
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<br />FUND AVAII.ABILlTY
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<br />2. Financial oblig<ltiun~ of the State p;lY<lhle <llicr the current Ii:.cal year arc contingent upon fund~ for thai purpo'>C being appropriafcJ,
<br />budgeted and otherwi~ made available.
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<br />BOND REQUIREl\-'IENT
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<br />3. If this contract involve~ Ihe payment of more than lifty thousand dollars for the construction, erection. repair. ffiilin-
<br />tenanee, or improvement of any building, road. bridge. viaduct, tunnel. excavation or other puhlic works for thi~ State, the
<br />contractor shall, belore enler ing Ihe performance of any such work included in this contract. duly execute and deliver to and
<br />file with Ihe official whose signature appears below for the State, a good and sufficient bond or other acceptable surcty (0 be
<br />approved by said official in a penal sum not less than one-half of the total amount payable hy the term~ ofthi~ (;Untraet. Such
<br />bond shall be duly executed by a qualified corporate surety, conditioned lor the due and faithful perfomlance oflhe contract,
<br />and in addilion, shall provide that if the contractor or his ,<,ubcontractors fail to duly pay for any labor, nwterials, team hire.
<br />sustenance, provisions, provendor or other supplies used or consumed by such contractor or hi~ suhcontractor in perfor-
<br />mance of the work contracted to he done, the surety will pay the same in an amount not exceeding the sum specified in the
<br />bond, together with interest at the rate of eight per cent per anllum. Unless such bond. when ~o required. is executed,
<br />delivered and filed, no claim in favor of the contractor arising under this contract shall he audited, allowed or paid. A certified
<br />or cashier's check or a bank money order payable to the Treasurerofthe Stale of Colorado may he accepted in lieu of a hondo
<br />This provision is in compliance with 38-26-106 CRS, as amended.
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<br />WAGE
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<br />4. Except as otherwl .. cd by law, if this contract is in excess of one hundr' - Jnusand d'lllars and requircs
<br />or involves the employment of laborers 0 ics in the construction. n or repair of any building or olher public
<br />works (except highways, highway bridges, underpasses structures of all kinds or contracts l..)r any purpose to
<br />which the state department of highways or the chi eer is a pa ) the geographical limits nflhe Stllte,lhe rate of
<br />wages for all laborers and mechanics e by the contractor or any suhcootr the huilding or other puhlic works
<br />covered under the contra not be less than the prevailing rate of wages for work of a siml re in the county, city
<br />and county, clpality of the Stale in which the huildillg or other puhlic works i~ localcd. The pl'eV;]1 JIl f wagc.~
<br />resolution of any disputes resulting therefrom shall be as prescribed by 8.16- J() I CRS. 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 Color<ldo Antidiscrimination Act of 1957, as
<br />amended, and other applicable law respecting discrimination and unfair employment practices (2.kl4-402. C~S 1982
<br />Replacement VoL), and as required by Executive Order, Equal Opportunity and Affirmative AClion, dated April 16. 1975.
<br />Pursuant therelO, the following prol'isions shull be ('ontained in off Stale con/mets or Sllb-COlllracts.
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<br />During Ihe perfnnnance of this contract, the contr.lctur agrees as follows:
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<br />(I) TIle contractor will not discriminate against any employee or applicant for employment bec:llIse uf
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, menial or phy.~ical handicajl, or age.
<br />The contractor will take affirmative action to insure thai applicants are employed, and that employees are
<br />treated during employment, without regard to the above mentioned L'haracteristics. Such at,tion shall include,
<br />but not be limited to the following: employment, upgrading, demolion, IIr tmllsfer, recmitmellt or
<br />recruitment advertising;; lay-oft's or tenninations; rates of payor otber fonns Ill' compensation; and selection
<br />for tmining, including apprenliceship, The contractor agrees 10 post in conspicuous places, a..ailable to
<br />employees and applicants for employment, notices to be provided by the contracting oUlcer seUing 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 cunsideration 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 to each labor union or representative of workers \\;th which he has collecti..e
<br />bargaining agreement or other contract or understanding, notice 10 be providt'd by the contmcting officer,
<br />advising the labor union or workers' represenlative of Ihe contractor's commiHment under the Execulive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the Riles, regulations, and
<br />relevant Orders of the Governor,
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<br />(4) The contr.lclor and labor unions will furnish all information and reports required by EJ\.eculiw 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, and will pennit access 10 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 member..hil) 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 obstmct or prevent any j)erson from
<br />complying with the provisions of this contract or any order i~sued thereunder; or attempt, either directly or
<br />indirectly, to commit any act defined in this contract 10 be discriminatory.
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<br />395.53.01.1022
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