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<br />FOMn 6-AC-1l2B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1, This contracl shall nol be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate, This
<br />provision is applicable 10 any contract involving Ihe payment of money by the State.
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<br />FUND AVAlLABIUTY
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<br />2. Financial obligations of the Slate 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. !fthis contract involves the paymenl of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
<br />road, bridge, viaduCI, lunnel, excavalion or other public works for this State, the contractor shall, before entering the performance of any such work included in this
<br />contract, duly execute and deliver 10 and file wilh the official whose signature appears below for the State, a good and sufficient bond or other acceptable surely to be
<br />approved by said official in a penal sum nOI less Ihan one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a
<br />qualified corporate surety, conditioned for the due and faithful performance of the contract. and in addition, shan provide that if the contractor or his subcontractors
<br />fail to duly pay for any labor. materials, team hire, sustenance, provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in
<br />performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
<br />rate of eight per cent per annum. Unless such bond. when so required, is executed. delivered and filed, no claim in favor of the contractor arising under this contract
<br />shall be audited. allowed.or paid. A certified or cashier's check or a bank money ~...~...;....g,.... or Pl.ab\f' easurer of the State of Colorado may be accepted in lieu of a
<br />bond. Th.s prOVISIon .s In comphance w.th 38-26-106 CRS, as amended, t'L) ~
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<br />INDEMNIFICATION -':. )1,.
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<br />4. To the extentaulhoriz.ed by law, the contractor shaH indemnify, s:a..:y-~.-",~~.d..,'5.hOld~._.......,. .' s"Vi
<br />damages, liability and court awards including costs, expenses. and attomey Jee.,s :incu~~ ~ r;s
<br />agents, subcontractors. or assignees pursuant to [he tenns of this contrac.t. '.,' <_'. .j~"'"",,~"
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<br />employees and agents. against any and all claims,
<br />t or omission by the contractor, or its employees.
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<br />DISCRIMINATION .-\..'IID AFFIR:\1:\TIVE ACTION
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<br />5. The contractor agrees to co:nply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended, and olher applicable law respecting
<br />discrimination and unfair employment praCtices (24-34-402. CRS 1982 Replacement VoL), and as required by Executive Order. Equal Opportunity and Affirma-
<br />tive Action. dated April) 6. 1975_ PursuQnI thereto, (he following provisions shall be contained in all Srare conrraclS or sub-contracts.
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<br />During the performance of this contract. the contractor agrees as follows:
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<br />(l) 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 foHewing: employment,
<br />upgrading. demotion. or transfer. recruitment or recruiunent advertising; lay-otfs or terminations; rates of pay or other forms of compensation; and selection for
<br />training, including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. nOlices to be pro-
<br />vided by the contracting officer setting fonh provisions of this non-discrimination clause.
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<br />(2) The contractor witl. 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, ancc:stry, menta) or physical handicap. or
<br />age_
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<br />(3) The conlractor will send to each labor union or representative of workers with which he has colJective bargaining agrc:ement 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 commitment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, daled 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 reports required by Execulive Order, Equal Opportunity and Affirmative Action of April 16.
<br />1975. and by the rules. regulations and Orders of the Go....ernor. 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 with such rules, regulations and orders.
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<br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
<br />from membership in such labor organization or discriminate against any of its members in the fuU enjoyment of work opportunity, because of race. 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 complying. with the provisions of this contract or any order issued thereunder; or attempt either directly or
<br />indirectly, to commit any act defined in this conuact to be discriminatory.
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<br />395-53-01-1022
<br />Revised 1/88
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<br />page ~ of ~ pages
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<br />Dc-IO-2J06.-lflf
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