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<br />Form6-AC.o18
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This contracl shall not be deemed valid until il shall have been approved by the Controller oflhe State of Colorado or such assistant as he may designate. This
<br />provision is applicable to any conlTael involving the payment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated, budgete4 and otherwise made
<br />available. .
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<br />BOND REQUIREMENT
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<br />3. If this contract involved the paymenl of more than fifty thousand dollars for the construction, erection. repair, maintenance, or improvement of any building. road.
<br />bridge, viaduct, tunnel, excavation or other public works for this State, the comractor shall, before entering the performance of any such work included in this tonlract.
<br />duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or Q[her acceptable surety to be approved
<br />by said official in a penal sum nOlless than one-half of the total amount payable by the terms of this comracl. Such bond shall be duly execute by a qualified corporate
<br />surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any
<br />labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcomractor in performance of the work
<br />contracted 10 be done, the surelY will pay the same in an amount not exceeding the sum specified in the bond, together with imerest at the rate of eight per cent per
<br />annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor oflhe comractor arising under this comract shall be audited, allowed or
<br />paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in
<br />compliance with 38-26-106 CRS, as amended.
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<br />INDEMNIFICA nON
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<br />4. To the extent authorized by law, the contractor shall indemnify. save and hold harmless the State. its employees and agents. against any and all claims. danlages.
<br />liability and court awards including costs, expenses, and anomey fees incurred as a result of any act or omission by the contractor. or its employees. agents, subcontractors.
<br />or assignees pursuant to the terms of this contrac!.
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<br />DtSCRIMINA nON AND AFFIRMA nVE ACTION
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<br />5. The contractor agrees 10 comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended. and other applic~ble law respecting
<br />discrimination and unfair employment practices (24-34-402. CRS 1988 Replacement VoL), and as required by Executive Order, Equal Opportunity and Affirmative
<br />Action. daled April 16. 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
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<br />During the performance of this contract. the contractor agrees as follows:
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<br />(I) The cOntractor will not discriminate against any employee or applicant foremploymenl because of race. creed. color. national origin. sex, marital status, religion.
<br />ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated
<br />during employment. without regard to the above mentioned characteristics. Such action shall include. but not be limited to the following: employment. upgrading.
<br />demotion, or transfer. recruitment or recruitment advenising; lay.offs or terminations; rates of payor other fonns of compensation; and selection for training,
<br />including apprenticeship. the contractor agrees to post in conspicuous places, available to employees and applicants for employment.
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<br />2) The contractor will, 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, ancestry. mental or physical handicap, or age.
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<br />(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreements or other contract or understanding,
<br />notice to be provided by the contracting officer, advertising the labor union or workers' representative oflhe contractor's commitment under the Executive Order,
<br />Equal Opponunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of Ihe Governor.
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<br />(4) The contractor and labor unions.will furnish all information and reports required by Executive Order, Equal Opponunity and Affinnative Action of April 16,
<br />1975, and by the rules, regulations and Orders of the Governor. or pursuant thereto, and will permit access to his book.s, records, and accounts by the contracting
<br />agency and the office of the Governor or his designee for purposes of investigation to ascenain 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 organizations, or expel any such individual
<br />from membership in such labor organization or di~riminale against any of its members in the full enjoymenl of work opportunity, because of handicap, race, creed,
<br />color, sex, age, national origin, or ancestry. (24-34402 (I) (c))
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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 conlTact to be
<br />discriminatory or obstruce any person from complying with the provisions of this conlTact or any order issued thereunder. or attempt eieher directly or indirectly, to
<br />commie any act defined in this contract to be discriminatory. (24-34..402 (I) (e))
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<br />Revised 5191
<br />395.53.01.1022
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<br />Page 10 of 11 pages
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