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<br />Form 6-AC.o28
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />L This contIac! shall not be deemed valid until il shall have been approved by the Controllcrohhc Slate afColar.door such &55isWlI as he rnllY designalt, This
<br />provision is applicable to any 00II11llel involvu., the payment of money by the State.
<br />
<br />FUND AVAILABIUTY
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<br />2. Financial ebbJ.lions oflbc Slate payable after lilt CUrTcnlliscal year Ire contingent upon funds for that purpose being appropriated, budgeted and otherwise
<br />made.vail.ble.
<br />
<br />BOND REQUIREMENT
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<br />3. Uthi5 contract involves the payment of mtn"c than ruty lhousand dollars forthc construction, crcctioll, repair, maintenance, Of improvement of any building,
<br />road. bridge, viaduct,lunne!, excavation or other public ....orks farmis Slate, lhc contractor shall, before cntering the pcrfonnancc of any such work included in this
<br />contract, duly execute and deliver to and flIe wiltl the official whose signalUreappcars below fordle Stale, a good and suffitient bond orother atteptable surety to be
<br />approved by said official in a penal sum not less than one-half of the total amount payable by the temu of Ihis cono-act. Such bond shall be duly uecuted by a
<br />qualifaedcorporale surety, conditioned for the dl.!e and faithful pcrfonnance oftheconlratl, and in addition, shall provide that if the tontrattor or his subconuattors
<br />failtoduly pay for an}'labor, materials, team hire, SUStenance, provisions, provendor orothersuppliu Uledor consumed by sutb contractor or his subconuaaor in
<br />perfonnance or the work contraCted to be done, the surely will pay the same in an amount not exceeding the sum specified in the bood., wlether with interest at the
<br />uteof eight percent per umum. Unless sucllboobd, when so required, is executed. delivered and filed, no claim in favorofthe contractor arising under this contract
<br />shall be audited, allowed or paid, A certified orcasbier's check or a bank money order payable to the Treasurer of the Stale of Colorado may be accepted in lieu of a
<br />bond, This provision is in compliante with 38'.26-106 CRS, as amended,
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<br />INDEMNIFICATION
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<br />4, To the extmt authorized by law, the contractor shaJJ indemnif}', save and hold harmless the State, its employees and alenlS, against any and all daims,
<br />damages,liabililY and court awards including Costs, expenses, and anomey fees inturred IS a result of any att or ominion by the conU'IC!Or, or its employees,
<br />agents, subcontractOrs, or assignees pursuant to the terms of this contract.
<br />
<br />DISCRIMINATION AND AFFIRMATI\1E AC'I'10N
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<br />5. The contractor agreu to comply with the \ener and spirit of me Colorado Antidiscrimination Act of 1957, as amended, and olher applicable law respecting
<br />discrimination and unfair employment practices (24-34-402, CRS 1982 Replacement VoL), and as required by Executive Order, Equal Opponunil}' and Affinna-
<br />tive Action, daled April 16, 1975. Pursuanl14erelo, the following pro~isjons shall M CtJntajned in all SlUze contracr: or subo-COnlraclS.
<br />During the perfonnance of this contraCt, the COntractor agrees IS follows;
<br />(I) The contraClor will not discriminate againslany employee or applicant for employmenl because of race, creed, color, national origin. sex, marital StaIUS,
<br />religion, ancestry. mental or physical handicap, or age. The contractor will lake affinnalive action to insure that applicanlS arc employed, and thai emplo~'ccs are
<br />trtated during employment, without rer-ard t4 the above mentioned characteristics. Such action shaJJ include, but not be limited to the following: employment.
<br />upgrading, demotion, or transfer. recruitment Of recruitment advertising: lay-offs or terminaoons: rates of payor other forms of compensation; and selection for
<br />training, including apprenticeship. The contra,ClOr agrees to post in conspicuous places, available to employees and applicants for employment. notices to be pro-
<br />vided by lhe contracting officer setting fonh provisions of this non-discrimination clause.
<br />(2) The conU'actorwill, in all solicitations or itdvenisemenLS for employees placed by oron behalf of the contractor, state that all qualified applicanLS will receive:
<br />consideralion for employment without relard to race, creed, color, national origin, sex, marital slatUS, religion, ancestry, mentai or physical handicap. or
<br />age.
<br />(3) The conuactorwill send to each labor unIon or representative ofworlters with which he hIS collective bargaining agreemenlor other contract or understand-
<br />ing, nOlice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's comrmunenl under the Execullve
<br />Order, Equal Opponunity and AtTlnnative A.ction, dated April 16, 1975, and of the rules, regulations, and lelevant Orders of the Governor.
<br />(4) The contractor and labor unions willfumish all information and reports required by Executivc Order, Equal Opponunity and Affinnative Action of April I ~'.
<br />1975, and by the rules, regulations and Ordel'\ofthe Governor, or pursuant thereto, and will permit access to his books, records. and accounts by the contractmg
<br />agene}' and the officc of the Governor or his designee for purposes of investigation 10 ascenain compliance with such rules, regulations and orders.
<br />(S) A labor organization will not exclude any individual otherwise qualified from full membership nghts in such labor orgamUllon, or expel any SUCh lRoi\'ICUal
<br />from membership in such labor organization tlr discriminate againsl any of its members in Ihe full enjoyment of work opponunity, because of race. creed, color.
<br />lex, nationaloriJin, or ancestry.
<br />(6) A labor organiution, or the employees or members thereof will nOl aid, abet, incite, compel or coerce the doing of any act defined in this contract to be d15-
<br />criminatory or obstruct or prevent any person from complying with the provisions of this contrlCt or any order issued thereunder; or attempt eIther directl~' or
<br />indirectly, to commit any aCI defined in this contract to be discriminator}'. ~
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<br />39S-53-o1-1022
<br />Revised 1/88
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<br />page~of~pa8es
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