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<br />ronn t.-AC~28
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This contracl ~hall not b~ d~emed vahd until it ~hall hav.: been approved by Ihe Controller of the Stale of Colorado or ~u,h
<br />a~,islant as he mOl>' designate. Thi, provbioll l~ applicable 10 allY COlllract invol~'ing the payment of money by Ihe State.
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<br />FUND AVAILABILITY
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<br />2. Financial ohligations of the State payable after the eurrenl ti>eal year are comingent upon ti.mds for that purpa.e being appropriated.
<br />budgeted and olh~I""\\.'i,e made available.
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<br />BOND REQUIREMENT
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<br />). If this comract involves the payment of more than fifty thousand dollars for Ihe construction. erection. repair. rttain-
<br />tenance. or improvement of any building. road. bridge. viaduct, tunnel. excavalion or other puhlic works for Ihis State. the
<br />contractor shall, belore enter ing the pertormance of any such work induded in this contract, duly execute and deliver to and
<br />file with the official whose signalure appears below fOri he Slate. a good and suflicienl bond or olher acc~plahle surety to be
<br />approved by said official in a penal sum not less Ihan one-half of the total amount payable by the terms of this comrac\. Such
<br />bond shall be duly executed by a qualilied corporate surety. conditioned for the due and faithful pcrfnnnance of the contract.
<br />and in addition. shall provide that iflhe contractor or his subcontractors fail to duly pay for any labor. materials. team hire.
<br />sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfor-
<br />mance oflhe work contracted to be done. the surety will pay the same in an amount not exceeding the sum ,pecified in the
<br />bond. together with inlerest at the rate of eight per cenl per annum. Unless such bond. when so required. is executed.
<br />delivered and tiled. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A cenilied
<br />or cashier's check or a bank money order payable to the Treasurer of the State of Colorado mil)' be accepted in lieu of a bond.
<br />This provision is in compliance with J~-26-106 CRS. as amended.
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<br />MINIMUM WAGE
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<br />4. Except as other"..ise prO\-ided by law. ifthis contract is in excess of one hundred fifly thousand dollars anJ requires
<br />or involves the employment of laborers or mechanics in the constrw.;tion. alteration or repair of any building or ,)ther puhlic
<br />works (except highways. highway bridges. underpasses and highway structures of all !..inds or contracts Ii.)r any purpose to
<br />which the state depanmem of highways or the chief engineer is a pany) within the gell~[,ilphicallimilS urthe State. the rate or
<br />wages tor aJllaborers and mechanics empl\)yed by the contractor or any subcontractor on the bullJing or other public \\or!..,
<br />covered under the contract ~halJ not be less than the pre\ ailing rate of wages for work "f a similar nature in the county. city
<br />and county. or municipality oj the State in which the building or other public worb is 1.H.:ated, Thl.' pre\ailing rate uf\\ages
<br />and the resolution of any disputes resulting therefrom shall he as prescrihed by 11- t 6-10 I CRS. as amclllkd.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The contractor agree, 10 comply with the letter and spirit of the ColnraJo Antidiscrimination Act o( 1957, ilS
<br />amended. and other applicable law respecting discrimination and unfair employment practic~', (l-l-.'-t--lOl. CRS ]'0181
<br />Replacement V\)LI. and as required by Execulive Order. Equal Opp\munity and Aftirmati\\: Acti,m. dated April 16. 1'0175.
<br />PursuQfIt thereto. tl/e folloll'ing pro\'isions shall be L'ontained in all State COl/tracts or mb-('OlltrQCts.
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<br />During the perfunnalK'c of this ~.tJltlra('1. the conlrJctur ugrees as fullows:
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<br />{IJ TIle cuntractor will nut di\Criminate againsl allY employee or upplicant for employment because nf
<br />race, creed. cnlor. national origin. sex. marital ~tatus, religiun, ance~try. mental or ph)'~ical handicap. or uge.
<br />The contractor will take aflirmative action to insure that applicants are employed. und lhat employees are
<br />treated during empluyment. y,ithout regard to the above mentioned characteristic~. Such actinn ,hall include.
<br />but not be limited to the following: employment, upgrading, demotion, or transfer. recruitment or
<br />recruitment ad\'ertisings; lay-off~ or tenninations: rates of payor other fonns of compensalion: and ~Ieclion
<br />for training, including apprenticeship. The contractor agrees to pust ill conspicuolls plan's. available to
<br />employees and applicants for employment, notices to be provided by the cuntracting officer setting furth
<br />provisions uf this lIo11.discrimination clause.
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<br />(2) The contractur "ill. in ull solicitations or advertisements for employees placed by or on behalf of the
<br />cuntractor, state thut all qualified applicants will receive consideration for employment ....ithout regard to
<br />~acc, creed, color. nationalurigill. sex. marital stalll~. religiun. ancestry, menial or phpical handicap. or age.
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<br />(3) The contractor will send tll each labor union or representative of worker.; with which he hus collective
<br />bargaining agreement or other contract or under.;tanding. notice to be provided by the contracting officer,
<br />advising lhe labor union or worker.;' r~presentalive of tlte contractnr's commillment under the Executive
<br />Order, Eq"al Oppvrhlllity alld Aflinnilli..e Acliun, dated April 10, 1975. und 01 the rules, regulations, and
<br />relevant Orders of the Governor.
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<br />(4) The contrnctor and labor unions will Curnish aU infonnation and reports required by Executive Order.
<br />Equal Oppurtunity and Affirmative Actioll of April 16, 1975. and by Ihe rules, regulatiuns and Order.; of the
<br />Goyernor. or pursuant thereto, imd will pennit access 10 his books. records, and accounts by the cuntracting
<br />agency and the office of the Guvemor 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 frum full member.;hip rights in
<br />such labor organization, ur e.'I(pel any such indi....idual from member.;hip in such labor organilation or
<br />discriminate against any of its member:; in the full enjoyment nf 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 member:; thereof will not aid, abet. incite, compel or cuerce
<br />the doing of any act defined in thb contract to be discriminatory or obstruct or prevent any person from
<br />complying with the provisions of this contract or any order issued thereunder; oc allempl. either directly or
<br />indirectly, to commit any act defined in this contract to be discriminatory. ':
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<br />395.53-0H022
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