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<br />Form 6.AC.(l%8
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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 State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
<br />ment 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 are contingent upon funds for that
<br />purpose being appropriated, budgeted 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.
<br />repair. maintenance, or improvement of any building. road, bridge, viaduct, tunnel. excavation or other public
<br />works for this State, the contractor shall, before entering the perf~nnance of any such work included in this con.
<br />tract. duly execute and deliver to and file with the official whose signature appears below for the State, a good
<br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
<br />half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
<br />corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide
<br />that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire. sustenance, pro-
<br />visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
<br />the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the
<br />bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is
<br />executed, delivered and filed. no claim in favor of the contractor arising under this contract shall be audited,
<br />allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br />Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26.106 CRS. as
<br />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
<br />employees and agents, against any and all claims, damages, liability and court awards including costs, expenses,
<br />and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon-
<br />tractors, 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 comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (24.34-402.
<br />CRS 1982 Replacement Vol.). and as required by Executive Order, Equal Opponunity and Affinnative Action,
<br />dated April 16. 1975. Pursuant thereto, thefol/owing provisions shal/ be contained in all Slate contracts or
<br />su!J.conrrQCls.
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<br />During the performance of this contract, the contractor agrees as tollows:
<br />(J) The contractor will not discriminate against any employee or applicant for employment because of
<br />race, creed, color. national origin. sex, marital status, religion, ancestry, mental or physical handicap, or
<br />age. The contractor will take affinnative action to insure that applicants are employed, and that employees
<br />are treated during employmem, without regard to the above mentioned characteristics. Such action shall
<br />include, but not be limited to the following: employment, upgrading. demotion, or transfer, recruitment or
<br />recruitment advertising; lay-ofl's or terminations; rates of payor other fonns of compensation: and selec-
<br />tion for training. including apprenticeship. The contractor agrees to poSt in conspicuous places, available
<br />to employees and applicants for employment. notices to be provided by the contracting officer setting fonh
<br />provisions of this non.discrimination clause.
<br />(2) The contractor will, in all solicitations or advertisements for employees placed by.of on behalf of the
<br />contractor. state that all qualified applicants will receive consideration for employment without regard to
<br />race, creed, color. national origin, sex, marital status. religion. ancestry, mental or physical
<br />handicap, or age.
<br />(3) The contractor will send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's committment under the Executive
<br />Order. Equal Opportunity and Affirmative Action. dated April 16, 1975, and of the rules. regulations, and
<br />relevant Orders of the Governor.
<br />(4) The contractor and labor unions will fumisQ all information and reportS required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules. regulations and Orders of
<br />the qovemor, or pursuant thereto. and will permit access to his books, records, and accounts by the con-
<br />tracting agency and the office of the Govemor or his designee for purposes of investigation to ascertain
<br />compliance with such rules, regulations and orders.
<br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rightS in
<br />such labor organization. or expel any such individual from membership in such labor organization or dis-
<br />criminate against any of its members in the full enjoyment of work opportunity, because of race, creed.
<br />color, sex, national origin, or ancestry.
<br />(6) A labor organization, or the employees or members thereof will not aid, abet. incite. compel or coerce
<br />the doing of any aCl defined in this contract to be discriminatory or obstruct or prevent any person from
<br />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 />)95-53.01-1022
<br />Revised .11.85
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<br />3 4
<br />,.age __ of _ pages
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