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<br />Fonn 6-AC-D2B
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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 tit deemed valid until it shaD have been approved by the ConU'Ollerofthe SUite ofCo]oratloor such assistant as he may designate. This
<br />provision is applicable to any contract involvins the payment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of me State payable after the current fiscal year are contingent upon funds forthat purpose being appropriated, bUdgeted md otherwist
<br />madeavailab]e.
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<br />BOND REQUIREME1\.'T
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<br />3. If this contract involves the payment of more than fifty tbousand dollars for the construction. ereclion. repair, maintenance, or improvement of any building.
<br />road, bridge, viaduct, tunnel. excavation or or.her public works fortbis State, the contractor shall. before entering the perfonnance of any such work included in tlW
<br />contract, duly exeCUte and deJiver10 and file with the official whose signature appean below forthe State. agood and sufficient bond or other acceptable surety to be
<br />approved by said official in a penal swn not less than one-half of the total amount payable by the temlS of this comract. Such bond shall be duly executed by f
<br />qualifled Corporate surety, conditioned forme due and faithful performance oft!le contract, and in additiOn, shall provide that if the contractor or his subcontractOr.i
<br />fail to dUly pay for any labor, materials, team pire, sustenance, provisions, provendororolher Supplies !Ued or consumed by such contractOr or his subcontractor ill
<br />performance of the work contracted to be don.e, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest atthd
<br />rate of eight per cent per annum. Unless such tJOnd, when so required, is executed, delivered and filed, ne claim in favor of the conu-actor arising underthis connac'
<br />shal] be audited, allOwed or paid. A cenified of cashier's check or a. bank money order payable to the TrelUurerofthe 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 />Th'DEl'rt:NIFICATION
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<br />4. To the extent authorited by law. the contractor shall indemnify, save and hold harmless the State, its employees and agents. against any and all claims,
<br />damages, Iiabilit)' and coun awards including COSts. eXpcnsl!is, and attorney fees incurred as a resuit of any act or omission by the contractor, or its employees,
<br />agents, subcontracto~. or assignees pursuant to the terms of this contract. .
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<br />DISCRIMINATION A.."'ID 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, as aml!inded, and other applicable law respecting
<br />discrimination and unfair employment practices (24-34.402. CRS 1982 Replacemem Vol.), and as required by Executive Order. Equal Opponunity and Affirma.
<br />tive Action. dated Apri] 16, 1975. PursuallllherelO, the/of/owing pro~isions shall be cOl1lained in p.ll Slale COlllraclS or sutJ.r:onfraCIS.
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<br />During the performance of this contract, the contractor agrees as follows:
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<br />(1) The contractor will not discriminate ag~st any employee or applictnt for employment because of race, creed, color, national ongin, sex, marital status,
<br />religion, ancestry, mental or physical handicap, or age. The contractor will take affinnaljvt; action 10 insure that applicants are employed. and that employees are
<br />treatcd during employment. without regard (Jl the above mentioned characteristics. Such action shall include, but not be limited to the following: emplo~'ment,
<br />upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of payor other forms of compensation: and selection for
<br />training, including apprenticeship. The contractor agrees to post in conspiClJOus places, available to employees and applicants for employment, notices to bepro-
<br />vided by the comracting officer setting forrll pro\.isiollS of this non.discrimination clause.
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<br />(2) The conuactorwill, in all solicitations or advcrtisementS for employees placed byor on behalf of the COlllraCtOr, mite that all qualified applicants will receive
<br />consideration for employment without regard to racc, creed, color, national origin, sex, marital StatUS, religion. ancestry, mental or physical handicap, or
<br />age.
<br />(3) The contrac(orwi!l send to each labor unIon or representative of workers with which he has collective bargaining agreement or other contract orunde~tand-
<br />ins. notice to be provitled by the conu-aaing officer, adviSing the labor union or workers' representative oi the contractor's commitment under the Executive
<br />Order, Equal Op~l1unity and Affirmative Action. dated Apri] 16, 1975, and of the rules. regulatioilS, and relevant Orders of the Governor.
<br />(4) The contractor and labor unions will furnish all information and reports required by E:<ecuth'e Order. Equal OpPDl1unit)' and Affirmative AClion of April 16.
<br />1975, and by the rules, regulations and OrderS of the Governor, or pursuant thereto. and will permit acceSS to his books. records. and IIccounts 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.
<br />(5) A labor organization will not exclude any individual otherwise quaJified from full membership rightS in such labor organization. Of expel any such indi\'idual
<br />from membe~hip in such labor organization Dr discriminate against any of its members in the full enjoyment of work opportunity, because of race. creed, color,
<br />sex. national origin, or ancestry.
<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 />criminamry or obstruct or prevent any persofl from complying with the proviSions of this contract or a/ll' order issued thereunder: or attempt either directly or
<br />indirectly, 10 commit any act defined in this contract to be discriminalO'1'.
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<br />395-53-01-]022
<br />Revised 1/88
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<br />pa~e~of~pages
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<br />P<.IO.V(lo..~8
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