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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 />I. This contract shall not be deemed valid until il shall have been approved by the Controller orlht Stale of Colorado or such assistant as he may designate. This
<br />provision is applicable to an)' conuact involving the payment of money by the State.
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<br />FUND AVAILABIUTY
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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 REQmREMEl\7
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<br />3. lfthis contract involves the paymenl of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement or any building,
<br />road, bridge, viaduct, tunntl, excavalion or other public works forthis State, the conlractor shall, before enlering the performance of any such work included in this
<br />contract, duly execute and deliverw and file with the official whose signature appears below forthe State, agood and sufficient bond or olhtr acceptable surety to be
<br />approved by said official in a penal sum not len than one-half of the total amount payable by the terms of this conlract. Such bond shall be duly executed by a
<br />qualified corporate surety, conditioned rorthedu~ and faithful performance of the contract, and in addition. shall provide that if the contractor or his subcontractors
<br />fail 10 duly pay for any labor, materials, team hire, sustenance, provisions, provtndor or other supplies used or consumed by such contractor or his subcontractor in
<br />performance of the work contracted 10 be done, Ipe surety will pay Ihe same in an amounl not exceeding lhe sum specified in the bond, togelher with interest at the
<br />rate of eight per cent per annum. Unless such bond, when so required. is executed, delivered and tiled, no claim in favor of the coOlract.or arising under this comracl
<br />shall be audiled, allowed OJ paid, A cenifiedorcashier's check or a bank moaey order payahle 10 lhe Treasurer of the State orColorlldo may be accepted in lieu of a
<br />bond, This provision is in compliance with 38-16-106 CRS, as amtnded.
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<br />INDEMNIFICATION
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<br />4, To the eXlent authorized by law, the conulICtOr shall indemnify, save and hold harmless the Slalc, its employees and agents. against any and all claims,
<br />damages, Iiabilit)' and coun awards including coStS, expenses, and attorney fees incurred as a result of any act or omIssion by the contraCtor. or its employees,
<br />agents, subcontractors, or assignees pursuanl 10 the tenns of this contract.
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<br />DISCRlJ\.fINATlON AND AFFIRMATlvt: ACTION
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<br />5. The contractor ai!fees to comply with Ihe lelltr and spirit of the Colorado Amidiscrimination ACI of 1957, as amended, and olher applicable lall' respecting
<br />discriminalion and unfair employment practices (~4-34.402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opponunity and Affirma-
<br />tive Action, dated April 16, 1975. PUrSUlIllIlhtrelO, Ihe following provisions shall be cOl1lailled in all Sill If CQlllfllClS or SU~COlllfaC1S.
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<br />During Ihe performance of this conuact, the c:ontractor agrees as follows:
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<br />(I) The contractor will nOI discriminate again~t any employee or applicanl for employment because of race. creed, color, national origin, sex, marital slatus,
<br />religion. ancestry, mental or physical handicap, or age. The contractor will take affirmative aClion to insure that applicants are employed, and thai employees are
<br />trealed during employment, wilhout regard to the above mentioned charactcristics. Such aclion shall include, but not be limited to lhe fOllOwing: employment,
<br />upgrading, demolion, or transfer, recruitment of recruilment advenismg; lay-ofTs or terminations; rales of payor other forms of compensation: and seleClion for
<br />training, including apprenticeship. The contraclor agrees 10 pOSt in conspicuous places, available to employees and applicants for employment, notices 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 will, in all solicitations or ad"enisements ror tmployees placed by or on behalf of the conlraClor, state lhat all qualified applicants.....iII receive
<br />consideration for employment without regard to race, creed, color, national origin. sex, marital Stalus, religion, ancestl'}', mental or physical handicap, or
<br />age,
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<br />(3) The contractor will stnd to each Jabor umo/} or representative of workers with .....hich he has colleclive bargaining agrcement or olher contract or understand-
<br />in&, notice to be provided by the coOlraCting ollicer, advising the labor union or workers' representative of Ihe COOlraclor's commitffiem under the Executive
<br />Order, Equal Opponunit)' and Affirmative Ac:tion, dated April 16, 1975, and of the rules, regulations, and rdevam Orden. of the GOl'ernor.
<br />(4) The contractor and labor unions will furnish all information and repons required by Executi\'e Order. Equal OpponunilY and Affirmalll'e Action of April 16,
<br />1975, and by the rules, regulations and Orders of the Governor, or pursuant thtreto. and will permil access to hi, books, records, and accounts by the conlracting
<br />.!lJlcnc)' and the office cor the Governor or his oesignee for purposes of investigation 10 ascenain complian~e wilh such rules, regulations IInd orders,
<br />(5) A labor (Irganizlition will nOI eAclude any individual otherwise Qualified from full membership righls in such labor organiUlion, or expel any such individual
<br />from membership in such labor organization or diSCriminate against any o( its members in the full tnjvymcnt of work opponunil)', because of race, creed, color,
<br />sex, national origin, orancest')'.
<br />(6) A labor organization, or the employees or rflembers thereofwill nOl aid, abet, incite, compel orc~rce the doing of an)' act defllled in this contract to he dis-
<br />criminatory or obstruct or prevent any person from complying with the provisions of this conu-act or :my order issued lhereunder; or :Illempl either direclly or
<br />indirectly, to commit any IIct defined in this C'lntr&ct to be discriminatory.
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<br />395-53-01-1022
<br />Revised 1/1:i8
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<br />pa~e _~ of _2 pa!!es
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<br />t"-IO l'O~._~.
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