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<br />Fonn 6-AC.O'lB
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1. This contract shall not be deemed valid until it shan 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 conuact involviJ?g the payment 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 8TC contingent upon funds for that purpose being appropriated, budgeted and otherwise
<br />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. 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 perfonnance 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 for !.he due and faithful perfonnance 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 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 tathe 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 />INDEMNlF1CATlON
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<br />4. To the extent authorized by law, the contractor shall indemnify, save and hold hannless the State, its employees and agents, against any and all claims.
<br />damages, liability and court awards including costS, expenses, and attorney fees incurred as a result of any act or omission by the contractor. or its employees,
<br />agents, subcontractors, or assignees pursuant to the tenns of this contract.
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<br />DISCRIMINATION AND AFFIR~UTlVE ACTION
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<br />5. The contractor agrees to co:nply with the letter and spirit of me 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. Pursuanl thereto, Ihe following prol';sions shall be contained in all Slate conlracls 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 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, recruitment or recruitment advertising; lay-ofTs or terminations; rates of pay or other fonns 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 advenisements 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 oc physical handicap, or
<br />agc.
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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 conlractor's commiunent 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 repons required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
<br />197 S, 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 Go..'emor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and ocders.
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<br />(S) A labor organization will not ex.c1ude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
<br />from membership in such labororganizalion 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 coerce 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; oc 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 1/88
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