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<br />Form 6.AC.028
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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 Colorado or such assistant as he may designate. This
<br />provision is applicable to any contract involving the payment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations orlhe State payable after the current fiscal year are contingent upon Funds for that purpose being appropriated, budgeted and otherwise
<br />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, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this
<br />contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be
<br />approved by said official in a penal sum not less than one~half of the total amount payable by the terms of this COnlracl. Such bond shall be duly executed by a
<br />qualified corporate surety, conditioned forthedue and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors
<br />fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendoror other supplies used or consumed by such contractor or his subcontractor in
<br />performance of the work contracted to be done, the surety will pay the same in an amOUR[ not exceeding the sum specified in the bond, together with interest at the
<br />rate of eight percent per annum. Unless such bond, when so required. is executed, delivered and filed, no claim in favor of the contractor arising under this contract
<br />shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable lothe Treasurerofthe Slate of Colorado may be accepted in lieu of a
<br />bond. This provision is in compliance with 38~26~106 eRS, as 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 hamliess the State, its employees and agents, against any and all claims.
<br />damages, liability and court awards including costs, expenses, and attorney' fees 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 />5. The contractor agrees to comply with the lelter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair employment practices (24~34~402. CRS 1982 Replacement VoL), and as required by Executive Order, Equal Opportunity and Affirma-
<br />tive Action, dated April 16, 1975. PurSllant thereto. rhefollowing provisions shall be contained in all Slale contracts or sutrcontracts.
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<br />During the performance of this contract, the contractor agrees as follows:
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<br />(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status,
<br />religion, ancestry, mentlJl or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are
<br />treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment,
<br />upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-ofTs or terminations; rates of payor other forms of compensation; and selection for
<br />training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro-
<br />vided by the contracting officer setting forth provisions of this non-discrimination clause.
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<br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will recei\'e
<br />consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion. ancestry, mental or physical handicap. or
<br />age.
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<br />(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand~
<br />ing, notice to be provided by the contracting officer, advising the labor union or workers' representative of the conlractor's commitment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
<br />1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
<br />agency and the office of the Governor or his designee for purposes of investigation to ascertain compHanc!: with such rules, regulations and orders.
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<br />(5) A labor organization wUl 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 />(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any acl defmed in this contract to be dis.
<br />criminatory or obstruct or prevent any person from 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 1/88
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<br />page ~ of ~ pages
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<br />IkIO.2l06~.d8
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