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<br />Form 6.AC-02B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
<br />I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
<br />C010rado 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 A VA1LABILlTY
<br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for thM
<br />purpose being appropriated. budgeted and otherwise made available.
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<br />BOND REQillREMENT
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<br />3. ff this conuact involves the payment of more than tifty thousand dollars for the construction. erection.
<br />repair. maintenance. or improvement of any building. road. bridge, viaduct, tunnel. excavation or other public
<br />works for this State. the contractor shall, before entering the performance 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 sumciem 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. conditioned for the due and faithful performance of the contract. and in addition. shall provide
<br />that if the contractor or his subcontractors fail to duly pay for any labor. materials, team hire, sustenance, pro-
<br />visions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance of
<br />the work contracted to be done, the sur:::ty will pay the same in an amount not exceeding the sum specified in the
<br />bond, together with interest at the rate of eight per cent per annum. Unless such bond. when so required, is
<br />executed~ deli\'ered and filed. no claim in favor of the contractor arising under this contract shall be audited,
<br />allowed or paid, A cenified or cashier's check or a bank money order payable to the Treasurer of the State of
<br />Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS. as
<br />amended.
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<br />, INDEMNIFICATION
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<br />...1. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State. its
<br />employees and agents. against any and aU claims, damages, liability and coun awards including COSts. expenses.
<br />and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents. subcon-
<br />tractors. or assignees pursuant to the lerms 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 letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402.
<br />eRS 1982 Replacement Vo!.). and as required by Executive Order, Equal OpPOltunjry and Affinnative Action.
<br />dated April 16, 1975. Pursuanr thereto. theJbllowing provisions shall be contained in all State contracts or
<br />su~contracts.
<br />
<br />During the performance of this contract. the contractor agrees as follows:
<br />( I) The contractor will not discriminate against any employee or applicant for employment because of
<br />race. creed. color, national origin. sex, marital status, religion. ancestry, mental or physical handicap, or
<br />age. The contractor will take affinnative action to insure that applicants are employed, and that employees
<br />are treated 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, recruitment or
<br />recruitment advertising: lay-arTs or tenninations; rates of payor other forms of compensation: and selec-
<br />tion for training, 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 forth
<br />provisions of this non-discrimination clause.
<br />(2) The contractor 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 contractor will send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's committment under the Executive
<br />Order. Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor.
<br />(4) The contractor and labor unions will furnish ail information and reportS required by Executive Order,
<br />Equal Opportunity and Affirmative Action 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 Governor or his designee for purposes of investigation to ascertain
<br />compliance with such rules, regulations and orders.
<br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
<br />such labor organization. Or' expel any such individual from membership in such labor organization or dis-
<br />criminate against any of its members in the full enjoyment of work opponunity, because of race. creed.
<br />color. sex. national origin, or ancestry.
<br />(6) A labor organization. or the employees or members thereof wlll not aid, abet. incite, compel or coerce
<br />the doing of any act defined in this contract to be discriminator)' or obstruct or prevent any person from
<br />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 contract to be discriminatory.
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<br />395-53-01-1022
<br />Revised t 1-85
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