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<br />Fmftl E..AC.01B
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<br />SPECIAL PROVISIONS
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<br />2
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<br />CONTROLLER"S ArPROV AL
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<br />1. This contract shall oot be d~emcd valid until il &ball have: Men approved by the: Controller of the State af
<br />Colo~o or such assistanl as he may designate. This pmvision is applicoble 10 any contraCt invohina tbe pllynu~nt of
<br />money by lhe: Stale.
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<br />FUND AVAILABILITY
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<br />2. FinlUlcial oblignlions of the Slale payable arter the current fascal year llre conlinlent upon funds for lhat
<br />purpose being appropriated, budgeted. and otherwise made available.
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<br />BONO REQUIREMENT
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<br />3. If this contract involves the paymen1 of more tban len Ihouso..nd dollars for the consuuclion. erection. repair.
<br />mainlenance, or improvemenl of any building, road, bridge, viaduct, tunnel, cxcavalion or ocher public work for this
<br />Slale, the conll'actor shall, before entering upon the performance of any sucb work included in this contraCt. duly
<br />execute and deliver 10 and file with the offICial whose signature appears below for the Slale. a gOod and sufficienl
<br />bond or omer accepLil.ble surely to be approvcd by said official in a penal slim noC IC5$ than ooc.half of Ihe total
<br />amount payable by the tcoos of (his. contract, Sucn bond ihall be dill)' excculed by a qualified corporale lwei)',
<br />conditioned for the due and faithful performance of the COntfacl, and in addition. $hall provide Ibal if the contraCtor or
<br />his 5~bconlractors fail to duly pay for any labor. materials. team hire, sustenance, provisions. provender or other
<br />supplies used or consumed by such Contractor or bis subcontractor in peforntaflCC of Ibe: work contracced 10 be done.
<br />the slUely will pay the same in an 8l\1ounl not exceeding the sum specified in Ihe bond, loaether Yoilh interest allhe
<br />rate of eight per cent per annum. Unless slIch bond, when so required, is execUted. delivered and filed, no claim in
<br />favor of the contrac:tor arising under Ihis contraCl shall be audited, allowed or paid. A "nifted or cashier's check or a
<br />bank money onJcr made payable 10 the Treaaurtr of the State of Colorado may be accepted in leiu of a bond.
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<br />MlNlMUM WACE
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<br />4_ Except as otherwise providtd by law, if this contltlct provides for tbc payment of more lhan five tltousand
<br />dollars and reqwres or involves tbe employment oflabortn or mc:chunics in the conslructiOD, aile ration or repair of
<br />any buildina or olher public work, (except highways. highway bridges, underpllsscs and highway st.uclpr~ of all
<br />kind~) within the geographical limits of the SllIte, tbe rate of wage for all Laborers and rnechmia ~mployed by the:
<br />conbador or any subcontractor on the buildina or public work covered by this contract shall be nol less Iboo tbe
<br />prevailing rate of wages for work of II similar nalure in Ihe cilY ,town, village or other civil subdi~is.ion of the SllIle in
<br />whicb lhe building or other public work is loated. Disputes respectiul prevailin& rates win be .-csolved liS provided in
<br />&-16.101, CRS 1973, liS amended.
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<br />DISCRIMINATION AND AFFIRMATIVE ACfION
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<br />S. The conlraclor agrees 10 cGmply witb Ihe Idter and spirit of the Colomdo Anlidiscriminati.oD Act of 1957,
<br />as atnended, and other applicable hi. respecting discrimination and unfair employment practices (2....34-fOl.. CRS
<br />197~, IS amencled), and as required by Executive Ordu, Equal Opportunity and Affirmative Acfion, daled April 16,
<br />197$. PulUlfJnllllerelo, Ihe foUowillr pr()~lsion$ shoJI be t:onlaintd in ail Slale t:ontrDCb 0' JJlb-contlDt:lS.
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<br />Durinalhe perfonRlInce of this contract, the contractor agrees as follows:
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<br />(1) The contractor will raot discriminate Dpinsl Iny ernployee or applicant for employment bec:ause of
<br />race, creed. color, national origin, sex, maritalltatus, religjOD, anctthy, mealaJ or pbyiical hal\diclp, or age.
<br />The contractor wi take affirmative action to insure lhat IIIppllcanu are cmployed, and that employees are
<br />truled during employment, without regard to die above mentioned characteristics. Such action shall include,
<br />but not be limited to the following: employment, uplJadina. dtmolion, or transfer, recruitment or
<br />recruilment advertwnp; lay-offs or lenninatiom; mles of payor other fonns (If compensation; and xtection
<br />for trainins. indudina ap))renliceship, The contractor agrees to post in conspicuous places, available 10
<br />employees and applicants for employmenl, nolices to be provided by Ihe contracting offICer sellin, fortb
<br />provisions of thj,; non-discriminatioR cl.lISe.
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<br />(2) The contraclor will. lll.alllolicitations o. advert~ments for ~ployees placed by Qr on behalf of the
<br />contractor. slate that all qualified applicants wi.l1 receive consideration for employment without repld to
<br />race, treed, color, natioul origin, sex, marital status, reli&ion, ancestry, mental or physical handicllP, or ap,
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<br />(3) The contractor will Send to exb labor union or representative of workers with which he bas collective
<br />batgaining agreemenl or other conlnet or understanding. notice to be pro\'ided b)' the conlracting officer,
<br />advi.3ina the labor union 01 worken' representative of the contractor's commiUmenr ullder the Executive
<br />Order, Equal Opporlunity and Affirmative Action. dated April 16. 1l}75, and of the nd~ regulations, and
<br />relevant Orders ofthc Covtmor.
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<br />(4) The CDlltractor and labor umons win lumim aU informaCion II1d reports required b)t Executive Order,
<br />Equal Opportunity and Affinnative Action of April 16, 19i'5, and by the rules, regulaUom. and OrtleTl of lhe
<br />Governor, or pursuanl therctJ, and will pennit'lCCeIS 10 his books, records, and accounts by tbe conlractina
<br />ageocy and the offICe of the Governor or his designee for purposes of investigation to ascerlain compliance
<br />widi &uclt rules. cegulaUo", and orders.
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<br />(5) A labor orpnization will not exclude any indiviclUII otherwise qualified from full membership righ15ln
<br />such labor orpniz,atioo, or expel any such individulLl from membership in such labor organization or
<br />d.isc:riminale apinsl any of ils members in die fud enjoymenl of work opportunjty, because of nee. creed,
<br />color, sex. nati6nal origin, or ancestry.
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<br />(6) A I.bor orpni18tion, or the employees or members tbereof willnol Bid, IIbet, hk:ite, compd tlr coerce
<br />the doing of any act defined in this contract to be discriminatory or obslruct o. prcvellt any person from
<br />complying with the provisions of this contracl or &11)' order issuecl thereunder; or attempt, either directly or
<br />indirectly, to commit any act defined in Ibis conlnet to be discriminalory.
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