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<br />Form 6-AC-02B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Color acto or such assistant as he may designate. This
<br />provision is applicable to any contract 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 current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
<br />made available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involves the payment of more than fifty thousand doUaTs for the construction, erection, repair, maintenance, or improvement of any building,
<br />road. bridge, viaduct, tunnel, excavation or other public works for this Slate. th~ contractor shall, before entering the performance of any such work included in this
<br />contract. duly execute and deliver to and file with thc official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be
<br />approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a
<br />qualified corporate surety, conditioned forthe due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors
<br />fail to duly pay for any jabor. materials, team hire, sustenance. provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in
<br />performance of the work Contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
<br />rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor ofthe contractor arising under this contract
<br />shall be audited, allowed or p~lid. 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
<br />bond. This provision is in compliance with 38-26-106 CRS, as amended.
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<br />INDEMNIFICATION
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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,
<br />damages, liability and court awards including costs, expenses, and attorney f~es incurred as a result of any,.act or omission by the contractor, or its employees,
<br />agents, subcontractors. or assignees pursuant to the terms of this contrac't. -negligent
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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 Co]oradc, Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair emplcyment practices (24-34.402. CRS 1982 Replacement Vol.),.and as required by Executive Order, Equal Opportunity and Affirma-
<br />tivc Action, dated Apri] 16. 1975. PursuanI therero, the/allowing pron'sioru shall be contained in all SIale 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 />(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status,
<br />religion, ancestry. menta] or physical handicap, or age, The contractor will take affinnative action to insure that applicants are employed, and that employees are
<br />treated during employment. without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment,
<br />upgrading, demotion. or transfer. recruitment or recruitment advertising; laY"'0ffs or terminations; rates of pay or other fonns of compensation; and selection for
<br />training. including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment. notices to be pro-
<br />vided by the contracting ofiicer setting forth provisions of this non-discrimination clause.
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<br />(2) The contractor will. in all solicitations or advertisements for employees placed by oron 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
<br />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 agreement or other contract or understand.
<br />ing. notice to he provided by the contracting officer. advising the labor uni<m or workers' representative of the contractor's commitment under the Executive
<br />Order, Equa] Opportunity and Affirmative Action. dated April 16. 1975. and of the rules, regulations, and relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all information and repons required by Executive Order. Equa] Opportunity and Affirmative Action of Apri] 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 accounts 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.
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<br />(5) A Jabor organization will not exclude any indh'idua] otherwise qualified from full membership rights in such labor organization, or expel any such individual
<br />from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opponunity, because of race, creed, color,
<br />sex, national origin, or ancestry.
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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 contract to be dis.
<br />criminatory or obstruct or prevent any person from complying with the provisions ofthi!> 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 1/88
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<br />page ~ of ~ pages
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<br />Dc.]0.230611.88
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