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<br />Form '-AC.(l2B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This contract shall not be deemed valid until it shall have been app~ved by the Controller of the State of Colorado or such
<br />assistant as he may designate. This provision is appl~cab]e to any conlract invo]ving'the payment of money by the State.
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<br />FUND AVAILABILITY
<br />2. Financial obligations ~fthe Stare payable after the current fiscal year are conri~gent upon funds 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 contract involves the payment of more than fifty thousand dollars for the construction. erection. repair. main-
<br />tenance. or 'improvement of any building, road, bridge, viaduct. tunnel. excavation or other public works for this State. the
<br />contractor shall. before enter ing the performance of any such work included in this contract, duly execute and deliver to and
<br />.fiIe with the official whose signalure appears below for the State. a good and,suffjcient bond orolher acceptable surety to be
<br />approved by said official in a penal sum not less than one~half of the total amount payable by Ihe 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 add!tion. shall provide that if the contractor or his subcontractors fail to duly pay for any Jabor. materials. team hire.
<br />sustenance, provisions. provendor or other supplies used or consumed 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 amount not exceeding the sum specified in the
<br />bond. together with interest at the rate of eight per cent per annum. Unless such bond. when so required. is execuled,
<br />delivered and filed. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A certified
<br />or c'ashie(s check or a bank money order payable to the Treasurer of the State ofCo]orado may be accepted in lieu ofa bond.
<br />This provision is in comp]ia~ce wilh 38-26-106 CRS. as amended.
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<br />MINIMUM WAGE
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<br />4. Except as otherwise p. ided by law. if this contract i 'n excess of one hundred fifty ousand dollars and requir
<br />or involves the emp]oyme laborers or mechanics in th onstruction. aiteration or re of any building or other lie
<br />works (except highwa '. ighway bridges. underpass and highway structures of ~l mds or contracts for any ose to
<br />which the state de ent of highways or the c engineer is a party) within tn eographicallimits of the 5t . the rate of
<br />wages for all rers and mechanics emp]o by the contractor or any su ntractor on the building or er public works
<br />covered erthe contract shall not b ss than the prevailing rate of ges for,work ofa similar nat in the county. city
<br />and nty. or municipality ofth ate in which, the building or 0 r public works is located. T revailing nite of wages
<br />Q the resolution of any di tes resulting therefrom shall. as prescribed by 8-]6-10] S. as amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The contractor agrees to comply with th'e letter and spirit of the Colorado Antidiscrimination Act of ]957. as
<br />amended. and other applicab]e law respecting discrimination and unfair employment practices (24-34-402. CRS ]982
<br />Replacement VoL). and as required by Executive Order. Equa] Opportunity and Affirmative Action. dated April 16. 1975.
<br />Pursuant thereto, the following provisions shall be contaifJ.ed in all State confracts 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 ap'plicant for employment because of
<br />race, creed, color, national origin, sex. marital status, ~eligion, 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 foll~wing: employment, upgrading, demotion, or transfer, recruitment or
<br />recruitment advertisings; lay-offs or terminations; rates of payor other forms of compensation; and selec-tion
<br />for training, including apprenticeship. The contractor agrees to post in conspicuous places. avai]abl~ 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, ~ncestry, mental or physical handic<!p, or age.
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<br />(3) The contractor will send 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 committment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 1-6, 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 infonnation and reports required by Executive Order,
<br />Equal Opportunity and Affirmative Action of Aprlll6, 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 wi!1 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 ful!' enjoyment of work opportunity, because of race, creed,'
<br />colo~, 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 com~it any act defined in this contract to be discriminatory.
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<br />395-53-0t.1022
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<br />page~ of ~ pages
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