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Form 6-AC-0YB SPECIAL PROVISIONS
<br />CONTAOLLER'5 APPROVAL
<br />1. This contract shall not be deemed valid until it shall have been approved by the Conuoller of the State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
<br />ment of money by the State.
<br />FUND AVAILABILITY
<br />2. Financiai obligations of the State payable after the current fiscal year are contingent upon funds for that
<br />purpose being appropriated, budgeted and otherwise made available.
<br />BOND REQUIREMENT
<br />3. If this contract invo►ves the payment of more than fifty thousand dollars for the construction, erecuon,
<br />repair, mauttenance, or improvement of any buiiding, road, bridge, viaduct, tunnel, excavauon or other public
<br />works for this State, the contractor shall, before entering the pedormance of any such work included in this con-
<br />tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good
<br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
<br />half of the total amount payable by the terms of this contract Such bond shall be duly executed by a qualified
<br />corporate surety, condidoned for the due and faithful performance of the convact, and in addition, shall provide
<br />that if the contractor or his subconuactors fail to duly p y f��bor, materials, team hire, sustenance, pro-
<br />visions, provendor or other supplies used or cons c ctor or his subcontractor in performance of
<br />the work contracted to be done, the surety wiil pa� an amount ot exceeding the sum specified in the
<br />bond, together with interest at the rate of eight per cent�r . es such bond, when so required, is
<br />executed, delivered and filed, no claim in favoj t�te c�` o;` ' er this conuact shall be audited,
<br />allowed or paid. A certified or cashier's chec�r!�nk n r er payable to the Treasurer of the State of
<br />Colorado may be accepted in lieu of a bo i provision is in compliance with 38-26-106 CRS, as
<br />amended. .
<br />INDENIIVIFICATION
<br />4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, iu
<br />employees and agenu, against any and all claims, damages, liability and court awarcys including costs, expenses,
<br />and attorney fees incuaed as a resuit of any act or omission by the contractor, or its,employees, agents, subcon-
<br />tractors, or assignees pursuant to the terms of this contract.
<br />DISCRIMINATION AND ACTION - j
<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discriaunation and unfair employa�ent practices (24-34402.
<br />CRS 1982 Replacement Vol.), and as required by Execu6ve Order, Equal Opportunity and �rmadve Action,
<br />dated April 16, 1975. Pursuant therero, the following provisions sha11 be contained in all State conrracrs or
<br />su�contracu.
<br />During the performance of this contract, the conuactor agrees as follows:
<br />(1) The comractor will not discriminatc against any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, rnarital status, religion, ancesvy, mental or physical handicap, or
<br />age. Tfie contractor will take �rmative action to insure that applicants are employed, and that employees
<br />are veatcd during employment, without regard to the above mentioned characteristics. Such action shall
<br />include, but not be limited to the following: employment, upgrading. demotion, or transfer, recruiunent or
<br />recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selec-
<br />tion for vaining, including apprenticeship. The contractor agrees to post in conspicuous places, available
<br />to employees and applicants for employment, notices to be provided by the contracting officer setting fo[th
<br />provisions of this non-discrimination clause.
<br />(2) The convactor 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, ancestry, mental or physical
<br />handicap, or age.
<br />(3) The conVactor will send to each labor union or representative of workers with which he has collective
<br />bargaining ageement or other contract or understanding, notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the conuactor's committment under the Executive
<br />Order, Equal Opportunity and Aflirmative Acdon, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Govemor.
<br />(4) The contractor and labor unions will fumish all information and reports required by Executive Order,
<br />Equal Opportunity and Af2irmauve Acdon of April 16, 1975, and by the rules, regulations and Orders of
<br />the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the con-
<br />tracting agency and the office of the Govemor or his designee for purposes of investigation to ascertain
<br />compliance with such rules, reguladons and orders.
<br />(5 ) A labor organizadon will not exclude any individual otherwise qualified from full membership rights in
<br />such ►abor organization, or expel any such individual from membership in such labor organizadon or dis-
<br />criminate against any of iu members in the fulf enjoyment of work opportunity, because of race, creed,
<br />color, sex, national origin, or ancestry.
<br />(6) A labor organization, or the employees or members thereof wiil not aid, abet, incite, compel or coerce
<br />the doing of any act defined in this contract to be discriminatory or obswct or prevent any person from
<br />complying with the provisions of this contract or any order issued thereunder, or attempt, either directly or
<br />indirecUy, to commit any act defined in this contract to be discriminatory.
<br />395-53-01-1022 page 1�_ of _11_ pages
<br />Revised 11-SS
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