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<br />Form 6.AC.02lJ
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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 be deemed valid until it shall have been approved by the Controller of the State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay.
<br />~ent 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 currentliscal year arc contingent upon funds for that
<br />purpose being appropriated, budgeted and otherwise made available.
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<br />'BOND REQUIREMENT
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<br />3. If this contract involves the payment of morc thanlifty 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 sucli work included in this con.
<br />tract. duly execute and deliver to and file with the omcial whose signature appears below for the State, a good
<br />and sunicient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
<br />half of tbe total amount payable by the terms of Ihis contract Such bond shall be duly executcd by a qualified
<br />corporate surety, conditioncd for the due and faithful performance of the contract, unu in aduition. 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 consumcd by such contractor or his subcontractor in performarice of
<br />the work contracted to be done, the surety will pay the same in all 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 />e,xeeuted, delivered and liIcd, no claim in favor of the contractor arising under this conLract shall be audited.
<br />a[Jowed or paid. A certitied 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 provi5ion is in compliance with 38-26.106 CRS. as
<br />amended.
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<br />INDEMNIFICATION
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<br />4. To the extenl authorized by law, the contractor shall indemnify, save and hold harmless the State. its
<br />employees nnd agents. against any and all claims, damages, liability and eourt awards including costs. expenses.
<br /><Ind attorney [ees,incurred as a result of any act or omission by the contractor, or its employees. agents, sub...:on.
<br />tractors. or assigne,es pursuant to th,e terms 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 A!.:t of [957.
<br />as amended. and other upplicable law respecting discrimination and unfair employmcnt prac.:tices (24-34-402,
<br />CRS 19R2 Replacement VoL). and us re~uired by Executive Order. Equa[ Opportunity and Aflirlllati...c Action.
<br />u;.lled April 16. 1975. Pursuant thereto, ,he following provisions shall be contained ill all Stale COlllraels or
<br />sulrcOl/tracfs.
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<br />During the performance of this contract, the contractor agrees as lollows:
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<br />(I) The contractor will not discriminate against any employee or applicant for employmem because of
<br />race. creed. color, national origin, sex, marital status, religion. ancestry, mental or physical handicap. or
<br />age. The contractor will take affirmative action to insure that applicants are employed, and that employees
<br />arc treated during cmployment, without regard to the above mentioned characteristics. Such action ::;haH
<br />includc. but not be limited to the following: employment, upgrading, demotion, or transfer. recruitmem or
<br />recruitment advertising: lay-ofTs or tenninations: rates of payor other forms of eompcnsation: and selec-
<br />tion for tr<lining. includins apprenticeship. The contractor agrees to post in conspicuous places. available
<br />to employees and applicants for employment. notices to be provided by the contracti::g oflicer selling ti)rth
<br />provisions of this non-discrimination clause.
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<br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor. state that all qualilied 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.
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<br />(3) The contrnctor will send to each labor union or representative of workers wilh whj(;h he has collc(;tive
<br />barg:linillg agreement or other contract or understanding, notice to be provided by the contracting ollicer,
<br />advising the labor union or workers' representative of the contractor's commiUment under the Ex.:cutive
<br />Order, Equal Opportunity and AlTirmative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all infonnation and reports required by Executive Order,
<br />Equal Opportunity and Amrmative 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 inveslig;ltion to ascertain
<br />compliance with sud rules, regulations and orders.
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<br />(5) A labor organization will not exclude any individual otherwise qualilied from fullmcmbcrship rights in
<br />such labor organization. or expel any such individual from membership in such labor organiz<ltion or dis-
<br />criminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
<br />color. sex. national origin, or ancestry.
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<br />(6) A labor organiza~ion. or the employees or members thereof will not aid, abcl, inl.:ite. compel or coerce
<br />the doing of any acl de tined in this contract to be discrimin:ltory or obstruct or prevent any person from
<br />complying with the provisions oflhis contract or <Iny orucr issued lhereunder: or attempl. either directly or
<br />indirectly, to commit any act defined in this contract to be dis!.:riminntory.
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<br />395-53-0 (-1022
<br />Revised I 1.85
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<br />page _.1- of __~_ pages
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<br />lX','~IIU._$
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