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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 Slate of Colorado or such assistant as he may designate. This
<br />provision is applicable to any contract involving the payment of money by the Stale.
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<br />FUND A V A1LAB1LlTY
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<br />2. Financial obligations of the Stale of Colorado payable .rter the ClIrrenl fiscal year arc contingent upon funds for thai purpose being appropriated. budgeted.
<br />and otherwise 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 dollars" for the construction. erection. repair, mai.ntenance, or improvement of any building,
<br />road, bridge. viaduct. tunnel. excavation or other public wort. (or this Slate. the contractor shall. before entering upon Ihe perCormancc oC any such work included
<br />in Ihis conlr.ct. duly execute .nd deliver 10 Ihe State ortici.1 who will sign the contract, . good and sufficient bond or other acceptable surety to be approved by
<br />said official in a penal sum nOt less Ihanonc-halC oC Ihe lotal amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
<br />surety conditioned upon the faithCul performance of thc contract .nd in addition, shall provide Ihat if Ihe contractor or his subcont~ctors fail .to duly pay for any
<br />labor, materials, team hire, susten'nce, provisions, provendor or olher supplies used or consumed by such contr'Clor or his subcontractor in perfonnance: of the work
<br />contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution oC the work the surety will pay the sa.me in
<br />an amount not exceeding ~e sum specified in the ~nd, together with interest.t the rate of eight per cent pcr"annum. Unless sueh bond is executed, delivered' and
<br />filed, no claim in favor or the contractor arising under such contract shall be .udited. allowed or paid. A certified or cashier's check. or a bank. money order payable
<br />to (he Treasurer or the State or Colorado may be. accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
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<br />INDEMNIFICATION
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<br />4. To the elUent ..uthorized by law. the contr&Ctor ,hall indemnify, save, and hold harmLess the Stile. its employees and agenlS. against any and all claims.
<br />damages. liability ~nd court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees,
<br />agcnts. subcontractors, or assignccs pursuant to the terms of this contract.
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<br />DISCRIMINATION AND AFI'IRMATIVE ACTION
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<br />5. The contractor agrecs to comply with the letter and spirit 0,( the Colorado Antidiscrimination Act of 1957, as amended. and alher applicable law respecting
<br />discrimination and unCair employmenl practices (CRS 24-34-(02), and as required by Executive Order, Equal Cpponunity and A(finnalive Action, dated April 16.
<br />L 975. PurSldlllllha~to. th~ following provisions shD.!1 b~ contain~d in all Stau con.tracts or sub.cOlltracts.
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<br />During the performance of this contract, the contractor agrees as follows:
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<br />(a) The contractor will not.discriminate against any-employee or applicant for employment because of race, creed, color, national origin, sex,
<br />marital status, religion. ancestry, mental or physical handlcaP, or age. The contractor will take affinnative action to i~ that applicants arc employed. and that
<br />employees are treated during employment. without regard to the above mentioned characteristics. Such action shall inclu&::. but nOI be limited to the following:
<br />employment upgrading. demotion, or transfer, recruianent or recruitment adveniSings; lay-offs or terminations:; rates of payor other forms of compensation; and
<br />selection for training. including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
<br />notices to be provided by the contracting officer setting forth provisions of this non-discrimination c1a~.
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<br />(b) The conlractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor, state thai all qualified applicants will
<br />receive consideration for employn.cnt without regard to ~ce. creed. color, national origin. -Sex. marital $tatus. :c.iigion. ancestry. menial or physical handicap.
<br />or age.
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<br />(c) The contractor will send 10 each labor union or representative of workers with which he has a collective bargaining aE:reemenl or other contraCt or
<br />understanding, notice to be provided -by the contracting officer. advising the labor union or workers' representative of the contractor's commitment under the
<br />Executive Order, Equal Opportunity and Affirmative Action. dated April 16. 1975. and of the rules. regulations. and relevant Orders of the Governor.
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<br />(d) TIle contractor and labor unions will furnish all infonnation and repom required by Executive Order. Equal Opportunity and Affirmative Action of April
<br />16. 1975, and by the rules. regulations and Orders of the Governor. or pursuant thereto. and will permit access 10 his booKs. records. and accounts by the
<br />contracting. agency and the office of the Governor or his designee for purposes of investigatior:. to ascertain compliance ",,'ith such rules. reguli\lions and orders.
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<br />(e) A labor organiution will'not excLude an}' individual otherwise qualified from full membership rights in such lahor orglllizalion. llr c~pcl any 'l:uch individual
<br />from membership in such Labor organization or discriminate against any of its members in the full enjoymer:.t oC work. opponunilY b\:causc of ra.ce. creed. color.
<br />sex, national origin. or ancestry.
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<br />(r) A labor organization. or the employees or members thereof will not aid. abet. incite. compel or coercc the doing of any ael Jdined in thi~ C(lntract 10 be
<br />discriminatory or obstruct or prevent any perSon from complying with the provisions oC this COntraCl or any order issued Ihereunda: or :mempt. either dire.:tly
<br />or indirectly. to commil any ael defined in this contract 10 be discriminalory.
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<br />Fonn 6-AC-02B
<br />Re"jl'cd 1/93
<br />395-53-01-1022
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