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<br />Form 6-Ac-02B
<br />
<br />SPECIAL PROVISIONS
<br />
<br />CONTROLLER'S APPROVAL
<br />
<br />I. This contract shall not be deemed valid until it shall have been approved by the Controllerofthe State of Colora do or such assistant as he may designate. This
<br />provision is applicable to any contract involving the payment of money by the Stale.
<br />
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds forthat purpose being appropriated, budgeted and otherwise
<br />madeavailllble.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. If this contract involves the payment of more than fiflY 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 pcrformanceof 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 lotal amoUnt payable by the terms of this contract Such bond shall be duly executed by a
<br />qualified corporate surety, conditioned 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 pay for any labor, materials, team hi~, SUStenance, provisions, provendoror other supplies used or consumed by such contractor or his suhcontractorin
<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 of the contractOr arising under this contract
<br />shall be audited, allowed or p3id. A certified or cashier's check or a bank money order payable to the Treasurerofthe State of Colorado may be accepted in lieu of a
<br />bond. This provision is in compliance with 38-26-106 CRS, as amended.
<br />
<br />INDE
<br />
<br />4. To the extent authorized by law, the contractor shall In em , en e State, its employees and agents, against any and all claim ,.
<br />damages, liability and court awards includin ,an attorney fees incurred as a res 'ssion by the contractor, or its employee: ~ I
<br />agents, subco , ees pursuant to the terms of this contract. t~'V
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />5. The contraclOr agrees to comply with the letter and spirit of the Colorado Antidiscrimination Att 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 Opponunity and Affmna-
<br />tive Action, dated April 16, 1975.. PUrsuontlherelo, thelollowing provisions shall be comained in all Srorc comraClS or sub-comrocts.
<br />
<br />During the performance of this contract, the contractor agrees as follows:
<br />
<br />(1) The contractor will not discriminate against any employee or applicant for employment because ohace, creed, color, national origin, SCJl, marital status,
<br />religion, ancestry, mental or physical handicap, or age. The contraCtorwiU take affinnative 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 Dot be limited to the follo"'~~. r.mployment,
<br />upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rales of pay or other forms of compensatio; ~election for
<br />training, including apprenticeship. The contractor agrees topost in conspicuous places, available to employees and applicants for employmen: ~es to be pro-
<br />vided by the contracting officer setting forth provisions of this non+discrimination claUlie.
<br />
<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 statu~. religion, ancestry, mental or physical handicap, or
<br />age.
<br />
<br />(3) The contractor will send 10 each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
<br />ing, nmice to be provided by the contracting officer, advising the labor union or workers' representative of the conlractor's commiunenl 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.
<br />
<br />(4) The contractor and lahorunions will furnish all information and reports required by Executive Order, Equal Opportunity and Affinnative 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 office of the Governor or his designee for purposes of investigation to. ascertain 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 opportunity, because of race, creed, color,
<br />sex, national origin, or ancestry.
<br />
<br />(6) A labor organization, or the employees or members thereof will not aid, libel, incite, compel or cotrce the doing of any act defined in this contract to be dis-
<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 discriminawry.
<br />
<br />395-53-01-1022
<br />Revised 1/88
<br />
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