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<br />.;orm 6-AC-U2H
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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 appnwed by the Controller ufthe State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
<br />ment of !TIoney 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
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erechon,
<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 perfonnance of any such work included in this con-
<br />tract, duly execute and deliver to and liIe with the onicial whose signature appears below for the State, a good
<br />and suOicient bond or other acceptable surety to be approved by said on1cial in a penal Sum not less than one-
<br />half of the total amount payable by the terms of this contract. Such t;,ond shall be duly executed by a qualified
<br />corporate surety. conditioned for the due and faithful performancc of th..: contract, and in addition, 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 consumed by such contractor or his subcontractor in perfonnance of
<br />the work contracted to be done, the surety wilt pay the same in an amount not exceeding the sum specified ill the
<br />bond, together with interest at thc rate of eight per cent per annum. Unless such bond, when so required, is
<br />executed. delivered and filed, no claim in favor of the contractor arising under this contract shall be audited,
<br />allowed or paid. A certilied 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 provision is in compliance with 38-26-106 CRS. as
<br />amended.
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<br />INDEMNWI(;A'I'IUN
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<br />4. To the extent authorized by law, thc contractor shall indemnify, save and hold harmless the Slate, its
<br />employee!> and ngents, against any and all claims, damages, liability and court awards including costs, expenses.
<br />and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon-
<br />tractors. or assignees pursuant to the terms of Ihis 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 ColOl'adoAntidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402.
<br />CRS 1982 Replac..:ment VoL). and as required by Executive Order. Equal Opportunity and Animlative Action,
<br />dated April 1(1. 1975. Pursuant thereto. ,he followiJlg prOl'isiOlu shall be contained ill all Slate COlltracts or
<br />sub-contracts.
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<br />During the performance or this contract. the ~ontractor agrees as follows:
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<br />(I) The contractor will not discriminate against any employee or applicant for employment because of
<br />race. creed. color, national origin, sex, marital status. religion. ancestry. mental or physical handicap, or
<br />age. The contractor will take allirmative action to insure that applicants are employed, and thai employees
<br />arc treated during employment. without regard to the aba\'<.: mentioned characteristics. Such action shall
<br />include. hilt nol he limited to the hllklwin~: employmellt. upgrading. demotion. or transfer, recruitment or
<br />recruitment advcltising; lay-oils Dr tenninations: rates uf payor olher li.lrJ11S of compensation; and selec-
<br />tion for training. including appr..:nticeship. The contnlctor agrees to post in conspicuous places, available
<br />to employees and applicants for employment, notices to be proviJed by thc contracting onicer sctting forth
<br />provisions 1)1' this non-discrimination clause. .
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<br />(2) The contractor will. in all solicitations or advertisemellts I'm cmployees placed by or on behalf of the
<br />contractnr, state that all qualified 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 contractor will send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be provided by thc contracting officer,
<br />advising the labor union or workers' representative of the contractor's commiument under the Executive
<br />Order. Equal Opportunity and Animl<llive Action, dated April 10. \97S. and of the rules, regulations, and
<br />relevant Orders of the Governor.
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<br />(4) The Ctllltr;lctor lInd labor unions will furnish all information and rcports required by Executive Order,
<br />Equal Opportunity and Allimlativc Action of April 16, 1975. and hy the rules, regulations and Orders of
<br />the Governor. or pursuant thereto. and will permit access to his blXlks, records, and accounts by the con-
<br />tracting agency and the oftice of the Governor or his designee for purposes of investigation to ascertain
<br />complianl.:c with such rules, regulations and orders.
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<br />(5) A labor nrgani".ation will not exclude any individual otherwise qualil1..:d from full membership rights in
<br />such labor organization. or ell.pcl any such individual from membership in such labor organization or dis-
<br />criminate against any of its members in the full cnjllyment of work opportunity, because of race, creed,
<br />color, sex. national origin, or ancestry.
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<br />(6) A labor organi1.ulion, or the employees or members Ihercofwill not aid, abct, incite, compel or coerce
<br />the Lloing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
<br />complying with the provisions of this contract or any order issued thereunder; or atfcmpl, eilhcr direclly or
<br />indirectlr. to commit any act defined in Ihis contract to be discriminatory.
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<br />395-53,01,1022
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