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<br />"'orm 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 conUaet shall not be deemed valid until it shall have been approved by the Controller orlhe 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 Slate.
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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 othe.......ise
<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 (or the construction, erection, repair, maintenance, or improvement of any building,
<br />road, bridge, viaduct, tunnel, excavation or other public works for this Stale. 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 Slate, 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 contract. Such bond shall be duly executed by a
<br />qualified corporate surety, conditioned for the due and faithful perfonnance 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. provendor or other supplies used or consumed by such contractor or his subcontractor in
<br />perfonnance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at lhe
<br />rate of eight per cent per annum. Unless such bond, when so required, is execuled, 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 to the Treasurerofthe Stale of Colorado may be accepted in lieu of a
<br />bond. This provis.ion is in compliance with 38-26-106 CRS, as amended.
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<br />INDEMNIFICATION
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<br />4. To the extent authori.zed by law, the contractor shall indemnify, save and hold hamllcss 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 tenns of this comract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACfION
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<br />5. 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 (24-34-402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirma~
<br />ti\'e Action, dated April 16, 1975. PursuQlllthereto, the following prol'isio/lJ shall he cUlllailled;/1 all Stale contracts or sub-colllracts.
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<br />During the performance of lhis contract, the contractor agrees as follows:
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<br />(I) The contractor will not discriminate against any employee or applicant for emplo)'menl hecause of race, creed, color, national origin, sex, marital status,
<br />religion, ancestl)', mental or physical handicap, or age. The contractor will lake aflirmati\'e action to insure that applicants are employed, and that employees are
<br />lreated during employment, without regard to the above mentioned characteristics. Such action .~hall include, but not be limited to the following: employment,
<br />upgrading, demotion, or transfer, recruitment or recruitment advertising: lay-ofTs or terminations: rales of payor other fonns of compensation; and selection Cor
<br />lraining, including apprenticeship, The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices lo be pro-
<br />\'illcd 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 oCthe contractor, state that all qualified applicants will receive
<br />consideration Cor employment without regard to race, creed, color, national origin, sex, marital status. religion, ancestry, menial or physical handicap, or
<br />age.
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<br />(3) The contractor will send to each labor union or representative oCworkers 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 oC the contractor's commitment under the Executive
<br />Order, Equal Opportunity and Affinnalive 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 inConnation and reports required by Executive Order. Equal Opportunity and Affinnative Action of April 16,
<br />1975, and by the rules, regulations and Orders oCthe 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 Cor purposes of in\'estigalion to ascertain compliance with such rules, regulalions and orders.
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<br />(5) A labor organization will not exclude any individual otherwise qualified from full m~mbership rights in such labor organizalion, or expel any such indi\'idual
<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 doingof any act defined in this contract to be dis-
<br />criminatol)' 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 />[k.jO.2J06a.llS
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