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<br />Form ti-AC.u28
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This conlfact 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 at' money by the State,
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<br />FUND AVAILABILITY
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<br />2, Financial obligations ot'the State payable after the current liseal 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 conuact 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 conuactor shall, before entering the perfonnance 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 ollicial in a penal sum not less than one-
<br />half of the total amount payable by the tenns ot'this contract. Such bond shall be duly executed by a qualified
<br />corporate surety, conditioned for the due and faithful perfonnance of the contract, and in addition, shall provide
<br />that if the conlfactor 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 />[he work contracted to be done, the surety will pay the same in an amount not elCceeding 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 ccrtitied 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 hannless the State. ils
<br />employees and agems, against any and all claims, damages, liability and coun 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 tenns 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 respectin'g discrimination and unfair employment practices (24-34-402,
<br />CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and AlTirmative Action,
<br />dated April 16, 1975. Pursuant thereto. thelollowing provisions shall be cOntaincd in all Stare contracts or
<br />su!J-.contracts. .
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<br />During the performance of this contract, the c,)ntractor 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 stams, religion, ancestry, mental or physical handicap, or
<br />age. The contractor will take allinnative action to insure that applicants are employed, and that employees
<br />are treated during employment, 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-olTs or tenninations: rates of payor other forms of compensalion: and selec-
<br />tion for lraining, including apprenliceship. The contractor agrees to pOSt in conspicuous places, available
<br />to employees and applicants for employment. notices to be provided by [he comracting ollicer setting forth
<br />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
<br />contractor, state that all qualified applicants will receive consideration for employment wilhout regard'to
<br />race, creed, color, nalional origin, sex, marital status, religion, anceslry, mental or physical
<br />handicap, or age.
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<br />(3) The contractor will send to each labor union or represeOlative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be provided by the cOOlracting officer,
<br />advising the labor union or workers' representative of the contractor's commlumenl under the Executive
<br />Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and ofthe rules, regulalions. and
<br />relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all infonnation 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 lhereto. and will pennit access to his books, records, and 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.
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<br />(5) A labor organization will not exclude any individual otherwise qualilied from full membership rights in
<br />such labor organization, or expel any such individual from membership in such labor organization or dis-
<br />.::riminate againsl any of its members in the full enjoymenl of work opportunity, because of race, .::reed,
<br />color, 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
<br />the doing of any act defined in this contract to be discriminatory or obstruct or prevenl any person from
<br />..:omplying with the provisions of this contract or any order issued thereunder: or attempt, either directly Or
<br />indirectly. to commil any act defined in this contract to be discriminatory,
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<br />395-53~01-I022
<br />Revised 11-85
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