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<br />Form 6.AC-02B
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<br />SPECIAL PROVISIONS
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<br />COl'o'TROLLER'S APPROVAL
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<br />1. This contract shall not 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 AVAILABILITY
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<br />2. Financial obligations ofthe State 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 REQUIREMEl'o'T
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<br />3. Jfthis contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
<br />road. bridge, viaduct. tunnel, excavation or other public works for this State. the contractor shall. before entering the performance of any such work included in this
<br />contract, 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 amount payable by the terms of this contract. Such bond shall be duly executed by a
<br />qualified corporate surety, conditioned forthe due and faithful performance of the contract. and in addition, shall provide that if the contractor or his subcontractors
<br />fail to duly pay 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 contracted to be done. the surety will 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 ofthe 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 />
<br />INDEM
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<br />4. To the extent authorized by law, the contractor shall in emn e
<br />damages, liability and court awards includin , an attorney fees incurred as a resu
<br />agents, subco nees pursuant to the terms of this contract.
<br />
<br />tate, its employees and agents, against any and all claims,
<br />mission by the contractor, or its employees,
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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 Act of 1957, 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 Opportunity and Affirma-
<br />tive Action, dated April 16, 1975. Pursuallllherero, lhe/ollowing provisions shall be contained in all Slate contracts or sub-contracts.
<br />
<br />During the performance of this contract. the contractor 8FIees as follows:
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<br />(I) The contractor will not discriminate against any 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 contractor will 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 to the following: employment,
<br />upgrading, demotion, or transfer, recruiunem or recruitment advenising; lay-otTs or terminations; rates of pay or 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, state that all 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 commitment under the Executive
<br />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 />(4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opponunity and Affirmative Action of April 16,
<br />1975. and by the rules, regulations and Ord.ers of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
<br />agency and the office of the Governor or his designee for purposes of investigation to ascenain compliance with such rules, regulations and orders.
<br />
<br />(5) A labor organization will not exclude any individual otherwise 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 opponunity, because ofrace. 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 coerce the doing of any act defined in this contract to be di!'.-
<br />criminatory or obstruct or prevent 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 act defined in this contract to be discriminatory.
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<br />395-53-01-1022
<br />Revised l/88
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<br />page -.L of ~ pages
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<br />Dc.IO-BOba-88
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