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<br />Form 6-AC.028
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<br />SPECIAL PROVISIONS
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<br />CONTRO.LLER'S APPROVAL
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<br />1. This contrad 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 conuact involving the pay.
<br />. .ment of money by the State.
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<br />FUND AVAlLABK.ITY
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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 performance 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 tenns 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 ifthe 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 sub.contractor in perfonn.ance of
<br />the work coritracted to be done, the surety wiU 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 favorof 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 hannless 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 ofthe Colorado Antidisc~min'ation 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 Opportunity and Affinnative Action,
<br />dated April 16, 1975. Pursuant thereto. thelollowing provisions shan be contained in an Slate contracts or
<br />sub-contracts.
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<br />During the performance of this contract, the contractor agrees as follows:
<br />. (1) The contractor will not discriminate against any employee or applicant for employment because of
<br />race, c.teed, 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 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-otTs or terminations; rates of payor other forms of compensation; and selec-
<br />tion fo~ 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 omcer setting forth
<br />provisions of this non-discrimination clause.
<br />(2) The contractor will, in all solicitations or advertisements for employees placed by or 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, lI.larital status, religion, ancestry, mental or physical
<br />hand.icap, 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 furnish all information and reports required by Executive Order,
<br />Equal Opportunity and Affinnative 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, 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.
<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 labo~ 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 act 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 />395,53,01,1022
<br />Revised 11.85
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<br />page ~ of ~ pages
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<br />OC.I.60..J
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