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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I, This contract !>hall not be deemed valid until it !':hall have been approved by the Controller of the Slate of Colorado or such assislanr as he may designate. This
<br />provision is applicanle 10 any contract im'olving the payment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the St~le of Colorado p3yablc: afler the current fiscAl year arc contingent upon funds for that purpose being appropriated. budgeted.
<br />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, repair. maintenance. or improvement of any building.
<br />road. bridge. viaduct. tunnel. cxcav':tioR:PI- other public work for this Stale. the &ontractor shall. before entering upon the performance of any such work included
<br />in this contract, duly execute and deliver to Ihe Slale official who will sign the ,onlract, a good and sufficient bond or other acceptable surety to be approved by
<br />said official in a penal sum nolless Ihan.one-half of Ihe total amount payable by ttle terms of this contract. Such bond shan be dilly executed by a qualified corporate
<br />~urety conditioned upon the faithful performance of the contract and in addition. shall provide that if the contractor or his subcontractors fail 10 duly pay for any
<br />labor. materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
<br />contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the proseculion of the work the surety will pay the same in
<br />;tn amount nOI exceeding the sum specified in the bond, logether with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and
<br />filed, no claim in favor of the contractor arising under such contract shall be audifed, allowed or paid. A certified or cashier's check or a bank money order payable
<br />10 the Treuurer of Ihe Slate of Colorado may be accepted in lieu of a bond. This provision is in compliance with eRS 38-26-106.
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<br />INDEMNIFICATION
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<br />4. To the eXlenl authorized by laW, the contraclor shall indemnify, save, and hold harmless the State. its employees and agents, against any and all claims,
<br />damages. liability and coun awards including costs, expenses, and attorney fee~ incurred as a result of any act or omission by the contractor, or its employees.
<br />agents. subcontractors, or assignees pursuant to the terms of this contract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />S. 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 (CRS 24.34-402), and as require(i by ExeCUlive Order, Equal Opportunity and Affinnalive Action, daled April 16,
<br />1975. Pursuant theuto. the follo"''';IlG pro~'isiollS shall be contailled ill all Stall! cot/lracts or sub-contracts.
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<br />During the performance of this contract. the contractor agrees as follows:
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<br />(a) The contractor will not discriminate against afly employee or applicant for employment because of race, creed, color, national origin, sex,
<br />marital status, religion, ancestry, mental or physical handicap, or age. TIle CODlraCtor will take affirmative action 10 insure tllat applicants are employed, and that
<br />employees are treated during employment. without regard to the above mentiOl1ed characteristics. Such action shall include, but not be limited to the following:
<br />employment upgrading, demotion. or transfer. recruinnent or rccruinnent adverlisings; lay..offs or terminations; rates of pay 4Jr other forms of compensation; and
<br />selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
<br />notices to be provided by the contracting officer setting fonh provisions of this non-discrimination clause.
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<br />(b) The contractor will. in all solicitations or advenisements for employees placed by or on behalf of the contractor, state that all quaHfied applicants will
<br />receive consideration for employment without regard to race, creed, color, national origin. sex, marital status. religion, ancestry. mental or physical handicap,
<br />orage.
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<br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
<br />understanding. notice to be provided by the comracting officer, advising the labor union or workers' representative of the contractor's commitment under the
<br />Executive Order, Equal Opponuoity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor.
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<br />(d) The contractor and labor unions will furnish all information and repons re:quired by Executive Order, Equal Opponunity and Affirmative Action of April
<br />16. 1975. and by the rules, regulations and Orders of the Governor, or purs&1ant thereto, and will permit access to his books, records. and accounts by Ihe
<br />contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance witl1 such rules, regulations and orders.
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<br />(e) 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.
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<br />(f) 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
<br />discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or auempt, either directly
<br />or indirectly, to commit any act defined in this contract to be discriminatory.
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<br />Fonn 6-AC-02B
<br />Revised 1193
<br />395.53.01.1022
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