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<br />Farm 6-AC~2B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1. 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 10 any contract involving the payment of money by the State.
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<br />. FlJI'Iro'D AVAILABILITY
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<br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for thaI purpose being appropriated.
<br />bud.geted and otherwise mad& available,
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<br />BOND REQUIREMENT
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<br />. 3, If this contract involves the payment of more than fifty thousand dollars for Ihe construction. erection. repair. main-
<br />tenance, or improvement of any building, road. bridge, viaduct. tunnel; excavation or other public works ror this Slate. the
<br />contractor shall. before enter ing the performance of any such work included in this contr~ct. duly execute and deliver 10 and
<br />file with the official whose signature appears below for the Slate. a good and sufficient bond or olher acceptable surety to be
<br />approved by said'official in a penal suf1l not less than one-half oflhe total amount payable by the terms of this contract. Such
<br />bond shall be duly executed by a qualified corporate surety. conditioned for the due and faithful performance of the contract.
<br />and in addition, shall provide thai if the contractor or his subcontractors fail to duly pay for any labor, materials. team hire,
<br />sustenance"provisions. provendor or other supplies used or ~onstimed by such contractor'or his subcontractor in perfor-
<br />mance of the work contracted to be done. the surety will pay the same in an amounl not exceeding the sum specified in the
<br />bond, together with interest at the ra~e of eight per cent per annum. Unless such bond, when'so required, is executed.
<br />delivered and filed, noc1aim in favor of the contractor arising under this contract shall be audited, allowed or paid. A cellified
<br />or cashier's check or a bank money order payable 10 the Treasurer of the State of Colorado may be accepted in lieu ofa bond.
<br />This provision is in compliance with 38-26-106 CRS. as amended.
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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 hu~dred fifty thousand dollars and requires
<br />or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public
<br />works (except highways, highway brid~es. un~erpasses and highway structures of?H kinds or contracts for any purpose to
<br />which the state department of highways or the chief engineer is a party) within the geographical limits of the State. the rate of
<br />wages for all laborers and mechanics ernployed by the contractor or any subcontractor on the building or other public works
<br />covered under the contract shall not be less than the prevailing rate of wages for work of a similar nature in the county. city
<br />and county, or municipality of the Statt in which the building or other public works is located. The prevailing rate of wages
<br />and the resolution of a.ny disputes resulting therefrom shall 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 to comply with the letter and spirit of the Colorado Antidiscrimination Act "of 1957, as
<br />amended. and other applicable law rEspecting discrimination and unfair employment practices (24-34-402. CR.S 1982
<br />Replacement VoL), and as required by Executive Order, Equal Opportunity and Affirmative Action. dated April 16, 1975.
<br />Pursuant thereto, the following provilions shall be contained in all State contracts or.sub-contracts.
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<br />During the performance of t~is 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 ()rigin, 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: employment, upgrading, demotion, or transfer, recruitment or
<br />recruitment advertisin~; lay-offs or terminations; rates of payor other forms of compensation; and selection
<br />for training, including appr'enticeship. The contractor agrees to post 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-discrinlination 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 sel1d to each labor 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 union or workers' representative of the contractor's comrniUment under the Executive
<br />Order, Equal Opportunity 3J1d Affirmative Action, dated April 16, 1975, 'and of the rules, regulations, and
<br />relevant'Orders of the Gove'rr1or. .
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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 therdo, 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, regulati~)fls 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 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 provisio~s of th'is contract or any order issued thereunder;'or attempt, either directly o'r
<br />indirecdy, to commit any act defined in this contract ~o be.di~criminatory.
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<br />395-53-OH022
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