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<br />:For'!' 6-AC-02B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROYAL
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<br />1. This contract shall nOI be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
<br />provision is applicable to any contract involving the payment of money by the State.
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<br />FUND AYAILABILITY
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<br />2. Financia] obligations of the Slate payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise
<br />made available.
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<br />BOND REQUlREME!\"T
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<br />3. If this contract involves the payment of more than fift), thousand dollars for the construction. erection, repair, maintenance, or improvement of any building,
<br />road, bridge. viaduct. tunnel. exca\'ation or other public works for this State. the contractor shall. before entering the performance of any such work included in this
<br />contraCl. duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be
<br />approved by said official in a penal sum not less than one-half of the total amounl payable by the terms of this contract. Such bond shall be duly executed by a
<br />qualified corporate surety. conditi~)ned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors
<br />fail to duly pa)' for any labor. materials. team hire. sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in
<br />performance of the work contoicted to bc done. the surety wil] pay the same in 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 executed, delivered and filed, no claim in favor of the contractor arising under this contract
<br />shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the 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 extent authorized by law. the contractor shall indemnify, save and hold harmless the State, its employees and agents. against any and all claims,
<br />damages. liability and court awards including COSts. expenses, and anorney fees incurred as a result of any act or omission by the contractor, or its employees,
<br />agents. subcontractors, or assignees pursuant to the terms of this contract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The contractor agrees to co:nply with the letter and spirit of the Colorado Antidiscrimination Act of I95i, as amended, and other applicable law respecting
<br />discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement VoL), and as required by Executive Order, Equal Opponunity and Affinna-
<br />tive Action. dated April 16. 1975. Pursua1lltherelo, the following prol'isions sholl be cOnIained in all S,ate COntracts or sulrcontracls.
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<br />During the performance of this contract. the contractor agrees as follows:
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<br />(1) The contractor will not discriminate against 8'ny employee or applicant for employment because of race, creed, color, national origin, sex. marital status.
<br />religion. ancestry, mental or physical handicap, or age. The contrac1orwiIJ take affirmative action to insure that applicants are employed. and that employees are
<br />treated during employment. without regard to the above mentioned characteristics. Such action shall include, but not be limited 10 the following: employment,
<br />upgrading, demotion, or transfer, recruiunent or recruitment advenising: lay-ofTs or terminations: rates of payor other forms of compensation: and selection for
<br />training.. including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment, notices to be 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 solicitations or advertisements for employees placed by or on behalf of the contractor, stale that aU qualified applicants will receive
<br />consideration for employment without regard to race, creed. color. national origin, sex. marital status, religion, ancestry, mental or physical handicap, or
<br />age.
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<br />(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
<br />ing, notice to be provided by the contracting officer. advising the labor union or workers' representative of the contractor's commiunent under the Executive
<br />Order. Equal Opportunity and Affirmative Action. dated Apri] 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all information and repons required by Executive Order, Equal Opponunity and Affirmative Action of April 16.
<br />1975. and by the rules. regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
<br />agency and the ofilce of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
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<br />(5) A labor organization will not exclude any individual otherv,'ise 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 enjoyment of work opportunity, because of race. creed. color,
<br />sex, national origin. or ancestry. -
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<br />(6) A labor organization. or the employees or members thereof will not aid. abet. incite, compel or coeree the doing of any act defined in this ContraClto be dis-
<br />criminatory or obstruct or pre\'em any person from complying with the provisions of this contract or any order issued thereunder; or attempt either directly or
<br />indirectly. to commit any aCl defined in this contract to be discriminatory.
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<br />395.53-01-1022
<br />Revised 1/88
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<br />9 10
<br />page _ of _ pages
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<br />Dc.IO.2J06~.8~
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