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<br />Fonn 6-AC-OOZ8
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<br />\.",' SPEC. 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 />ment 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
<br />purpose being appropriated. budgeted and otherwi~e made available.
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<br />BOND REQIDREMENT
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<br />3. If this contract involves the payment.of more than finy 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, lhe contractor shall, before entering the performance of any such work included in this con-
<br />tract. duly execute and deliver to and file with the official whose signature appears below for the State, a good
<br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
<br />half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
<br />corporate surety. conditioned for the due and faithful performance of the 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 performance of
<br />the work contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the
<br />bond. together with interest at the rale of eight per cent per annum. Unless 1!.l,lch.,~nd, when so required. is
<br />executed. delivered and filed, no claim in favor of the contractor ar,iSin,g", nd,er'iJiif~~" ',tract shall be audited,
<br />allowed or paid. A certified or cashier's check or a bank money order paY~b~ to th'e',t asurer of the State of
<br />;~~o:;:; m'y b, ""pted in Ii," of , bond, This Provis:on "~~,,,,:o, \1l,',',~~~ W ,'38-26-106 CRS, os
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<br />INDEMNIFICATION -,,"\, '%f,P
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<br />4. To the extent authorized by law. the contractor sha .~pdemnif;>~~~f1d hold harmless the State, its
<br />employees and agents, against any and all claims. damages, a~~\..<., _ d co~awards including costs, expenses,
<br />and attorney fees incurred as a result of any act om' sion tfii ~ - or, or its employees, agents, subcon-
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<br />tractors, or assignees pursuant to the terms of; I;. tract.
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<br />D1SCnIMINATION AND AFFIR
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<br />5. The contractor agrees: to comply with the Ie d s iritofthe Colorado Antidiscrimination Act of 1957,
<br />as amended. and other applicable law respecting dis ation and unfair employment practices (24-34,A02,
<br />CRS 1982 Replacement VoL). and as required by Ex tive Order, Equal Opportunity and Affirmative A~tion,
<br />dated April 16. 1975. PurSllant thereto, the following provisions shall be contained in all State contracts or
<br />.rub-contracts.
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<br />During the performance of this contract. the contractor agrees as follows;
<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 conlractor will take affirmative action to insure that applicants are employed, and that employees
<br />are trealed dllfing employment, without regard to the above mentioned characteristics. Such action shall
<br />include, but not be limited to the following: employment. upgrading, demotion, or transfer, recruitment or
<br />recruitment advertising: lay-olTs or terminations; rates of payor other forms of compensation; and selec-
<br />tion for trnining, including apprenticeship. The contractor agrees to post in conspicuous places, available
<br />lo employees and applicants for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non-discrimination clause.
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<br />(2) The contractor will, in all sQlicitations or advertisements for employees placed by or on behalf of the
<br />contractor. 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 />hargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's commitlment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. and oflhe rules. regulations, and
<br />relevant Ortlers of the Govemor.
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<br />(4) The contractor Ime] labor unions will fumish all information and reports required by Executive Order,
<br />Equal OpportunilY and AtTirmative Action of April ]6, 1975, and by the rules, regulations and Orders of
<br />the Governor, or p\IT~lIant thereto. and will permit access to his books, records, and accounts by the con-
<br />tmcling agency nnd the oflicc of [he Goyemor or his designee for pUrposes of investigation lo ascertain
<br />compliance with such rules. regulations and orders.
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<br />(5) A labor organi1.uli()[l wi]] not exclude any individllal othet\vise qualified from full membership rights in
<br />such labor orgal1i1.;ltion. or expel allY such individual from membership in such labor organi1.ation or dis~
<br />cril1linnle IIgninst nny of' i[s members in the full enjoyment of work opportunity, because of race, creed,
<br />Clllor, sex, national origin, or ancestry.
<br />(6) A lahor orgnni7;1tinn. or the employees or members thereof will not aid. abet. incite, compcl or coerce
<br />the doing of allY act defined in this (ontmet to be discriminntnry or ObStrucl or prevent any person from
<br />complyin!'. with the provisions of this contract or ;lny order issued thereunder: or attempt. either directly or
<br />indirectly. to commit any act defined in Ihi.~ contract to he discriminatory.
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<br />395-53-01-1022
<br />Revised II-R5
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<br />pap~ 7 of 8 pages
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