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<br />Form 6.AC.1I2B
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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 Slate.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the Slate payable after the current fiscal year arc 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 />J. 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 Stale, the contractor shall, before entering the performance of any sueh work included in this con4
<br />tract. duly execute and dcliver to and file with the official whose signature appears bclow for the State, a good
<br />and suOicicnt bond or other acceptable surety to be approved b'y 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 jf the contractor or his subcontractors fail to duly pay for any labor, materials. tcam 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 all 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 lhis 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 SLaLe of
<br />Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26- J 06 CRS. as
<br />amended. .
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<br />INDEMNIFICATION
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<br />4. To lhe extent authorized by law, the contractor shall indemnify, save and hold harmless the Slate. its
<br />employees and agents. against any and all claims, damages, liability and court awards including costs. expenses,
<br />and attorney fees incurrcd as a result of any act or omission by the contractor, or its employees, agents, sub..:on-
<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 orthe Colorado Antidiscrimination Act of JYS 7.
<br />as amended. rlnd other applicable law respecting discrimination and unfair employment practices (24-34-402.
<br />CRS 1982 Replacement Vol.), and as required by Executive Order. Equal Opportunity nnd Aflirmative A":lion.
<br />dated April 10. 1975. PurslIanllhereto, the follOWIng prOVISIons shall be contalllcd ill all Starc cOlltracts or
<br />.tutrcolllracts.
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<br />Durin~ the performance of this contract. the contractor agrees as follows:
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<br />( I) 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 handil.:ap. or
<br />ag~. The l.:ontractor will take affirmative action to insure that applicants arc employed, and that employees
<br />arc treated during employment, without regard to the above mentioned characteristics. Such al.:tion shall
<br />inclllde. but not be limited to the following: employment, upgrading. demotion. 'or transfer. re.cruitmenL or
<br />recruitment advertising; lay-ofTs or terminations: rales of payor other forms of compensation: and selec~
<br />tiori.for iraining. including apprenticeship. The contractor agrees to post in conspicuous. places. <lvaifab[e
<br />to employees and applicants for employment. notices to be provided by the cOlllracti;-:g oJ1icer setting forth
<br />provisions of this non~discrimination clause.
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<br />(2) The contractor will, in all solicitalions or advertisements for employees placed by or on behalf of the
<br />contractor. state that all qualified applicants will receive consideration for employment without rCl:~ard to
<br />race. creed, color, national origin, sex, marit'al status. religion, ancestry, mental or phy~ical
<br />handicap. or age.
<br />(3) The controctor will send to each labor union or representative of workers with which lIe has collective
<br />bargaining agreement or other contract or llndcrst<lnding. notice to be provided by the contracting unicer.
<br />nJvising the labor union or workers' representative of the contractor's committment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, [91'S, and of the rules, regulations, and
<br />relevant Orders of the Governor.
<br />(4) The contractor and labor unions will furnish 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 Governor. or pursuant thereto, and will permit access to his books, records, ami accounts by the con-
<br />tracting agency and the office of the Governor 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 rig.hts in
<br />such labor organization, or expel any such individual from membership in such labor.organi1.ation 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 organiza:ion. or the employees or members thereof will not aid, abet, in..:ite. compel or_coerce
<br />the doing of any act defined in this eontrad 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 com(nit any act defined in lhis contract to be discriminatory.
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<br />395-53-01-1022
<br />Revised 11-85
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<br />page _2- of ._~ pages
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