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<br />Fonn 6.AC.02B
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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 sueh assistant as he may design..e. This
<br />provision is applicable to any contract involving the payment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
<br />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 ~ the constnlction, erection, repair. maintenance, or improvement of any building,
<br />road, bridge, viaduct. tunnel, excavation or other public works forth' S , c actorshall, before entering the performance of any such work included in this
<br />contract, duly execute and deliver to and file with the official Is a e below for the State, a good and sufficient bond or other acceptable surery to be
<br />approved by said official in a penal sum not less than one-h3: unt payable by the tenns of this contract. Such bond shall be duly executed by a
<br />qualified corporate surety, conditioned for the due and faithful onnance of the a~in addition, shall provide that if the contractor or his subcontractors
<br />fail to duly pay for any labor. materials, team hire, sustenance, provisi ve r 0 ' r s ,pplies used or consumed by such contractor or his subcontractor in
<br />perfonnance of the work contracted to be done, the sure~~' If th e an xceeding the sum specified in the bond, together with interest at the
<br />rate of eight per cent per annum. Unless such bond, whe ' 0 ed, i ec ,delivered and filed, no claim in favor of the contractor arising under this contract
<br />shall be audited. allowed or paid. A cenified or cashier's, or bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
<br />bond. This provision is in compliance with 38-26-106 'CRS, as amended.
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<br />INDEMNIFICATION
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<br />4, To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State. its employees and agents. against any and all claims.
<br />damages. liability and coun awards including costs, expenses. and anomey fees incurred as a result of any act or omission by the contractor. or its employees,
<br />agents, subcontractors, or assignees pursuant to the tenns of this contract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />.5. The contractor agrees to comply with the lener and spirit of the Colorado Antidiscrimination Act of 1957, as amended. and -other applicable law respecting
<br />discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opponunity and Affinna-
<br />tive Action. dated April 16. 1975. Pursuant thereto. the following provisions shall be comained in all Slate contracts or su~conrracts.
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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 applicant for employment because of race. creed. color, national origin, sex, marital status.
<br />religion. ancestry. mental or physical handicap. or age. 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, but not be limited to the following: employment,
<br />upgrading. demotion, or transfer. recruitment or recruitment advertising; lay..offs or terminations; rates of payor other fanns of compensation: and selection for
<br />training. including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro-
<br />vided by the contracting officer setting forth 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 contractor, state that all qualified applicants will receive
<br />consideration for employment without regard to race, creed, color. national origin, sex, marital status, religion. ancestry, mental or physical handicap, or
<br />age.
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<br />(3) The contractor will send to each labor union or representative of workers with-which he has collective bargaining agreement or other contract or understand-
<br />ing. notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's conunitment under the Executive
<br />Order. Equal Opponunity and Affinnative Action, dated April 16, 1975. and of the rules, regulations, and relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all information and repons required by Executive Order, Equal Opponunily and Affinnative Action of April 16.
<br />1975, and by the rules. regulations and Orders of the Governor, or pursuant thereto. and will pennit 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 with such rules. regulations and orders.
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<br />(5) A labor organization wiil not exclude any indi\'idual otherwise qualitied from full membership rights in such labor organization. or expel any such individual
<br />from membership in such laoor organization or discriminate against any of its members in the full enjoyment of work opportunity, because ofrace. creed. color.
<br />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 the doing of any act defined in this contract to be dis~
<br />criminatory or obstruct or prevent any person from complyinit with the provisions of this contract or any order issued thereunder; or attempt either directly or
<br />. indirectly, to conunit any act defined in this contract to be discriminatory. '\:
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<br />395.53-01-1022
<br />Revised 1/88
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<br />page ~ of.-2.. pages
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<br />Dc.IO.HOb..,8
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