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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 or Colorado or such assistant as he may desig.nate. 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 pU1pose being appropriated, budgeted and otherwise
<br />made available.
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<br />BOND REQUIREMENT
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<br />3. Iflbjs contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
<br />road, bridge, viaduct, tunnel, excavation or other public works for this State, tlte contractor shall, before enteting the performance of any such work included in this
<br />contract, duly execute and deliver to and file with the official whose signature ~ppears below for the State, a good and sufficient bond or other acceptable surety to be
<br />approved b)' 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 for the Que and faithful perfonnance of the contract, and in addition, shall provide that if the contractor or his subcontractors
<br />fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used Or consumed by such contractOr or his subcontractor in
<br />perfonnance of the work contracted to be done, the surety will pay the same ib 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 exeC4ted, delivered and filed, no claim in favor of the contractor arising under this contract
<br />shall be audited, aUowed or paid. A certified or cashier's check or a bank mon~y order payable to the Treasurerofthe 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 extc:nt authorized by'law, the COl1tractor shall indemnify, save and hold hamlless the State, ilS employees and agents, against any and. all claims,
<br />damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the conttactor, or its employees,
<br />agents, subcontractors, or assignees pursuant to the teOllS of this contract.
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<br />DISCRIMINATION AND AFFlRl\IA.TIVE ACTION
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<br />5. The contractor agrees to comply with th~ letter and spirit of the Coloraljo Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair employment practicc:s (24-34-402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirma-
<br />tive Action, dat~d April 16, 1975. Pursuant thereto, the following provisit:ms shall be contained in aU State contracts orsu~contrQCls.
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<br />During the performance of this contract, the contractor agrees as follow~:
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<br />(I) The contractor will not discriminate against any employee or appliCllbt for employment because of face, creed, color, national origin, sex, marital Stj!ll,IS,
<br />religion, anceStry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employet1. and that employees:i1rc
<br />treated during employment, without regard to the above mentioned charal::teristics. Such action shall include, but not be limited to the following: employr;l~nl,
<br />upgrading, demotion, ar transfer, recruitmel1l or recruitment advertising: 14Y..QfTs or tenninations; rates of pay or other fonns of compensation; and selectio~'for
<br />training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to ht:,pro-
<br />vided by the contracting officer setting forth provisions of this non-discrimination clause. ;~
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<br />(2) The contractor will, in all solicitalions Or advertisemems for employee~ placed by oron behalf of the Contractor, state that all qualified applicants wili re:4e'i'vc
<br />consideration for employment without regard lO race, creed, color, nati~nal origin, sex, marital status, religion, ancestry, mental or physical handicap, or
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<br />(3) The contractor will send to each labor union or representative ofwork~rs with which he has collective bargaining agreement or other contract or undersl2~~d-
<br />ing, notice to be provided by the contracting officer, advising. the labor ut)ion or workers' representative of the contractor's commiunent under the Execl~iYc
<br />Order, Equal Opportunity and Afflnnative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. r
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<br />(4) The contractor and labor unions will furnish all infonnation and reports. required by Executive Order, Equal Opponunity and Affirmative Action of Aprifl 6,
<br />1975, and by the rules, regulations and Orders oflhe 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 it'jvestigation to ascertain 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 organization, or expel any such individual
<br />from membership in such labor organization or discriminate against any of its members in the full enjoym.ent of work opportunity, beca.use of race, creed, color,
<br />sex, national origin. or ancestry.
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<br />(6) A taborarganiz.ation, or the employees or members thereof will not aid. abet, incite, compel or coerCe the doing of any act defmed in this contract (0 be dis-
<br />criminatory Or obstruct or prevent any person from complying with the provisions of this comract or any order issued thereunder; or attempt either directly or
<br />indirectly, to commil any act defmed 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 -L of --L pages
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<br />Dc.IO.230ba.1l1l
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