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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 />1. This contract shall not be deemed valid until it shall have been app(oved 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 monCY by the Slate.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations urlhe State payable after the current Iiscal 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. Jrthis 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 Slate, 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 signalUre 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 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 amount nO! exceeding the sum specified in the bond, together with interest at the
<br />rate of eight per cent 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 (Iloney order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
<br />bond. This provision 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 authorized by law, the contractor shall indemnify, Gave and hold hamllcss the State, its employees and agents, ll~ainst any and all claims,
<br />damages, liability and court awards including costs, expenses. and aUOfney 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 contr'act.
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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, as amended. and other applicable law respecting
<br />discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vo!.), and as required by Executive Order, Equal Opportunity and Affirma-
<br />tive Action, dated April 16, 1975. Pllrsuam therelo, the following prol'isiollI Jha/l he cOlllailled ill all Slate contracts or sllb-col/tracts.
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<br />During the performance of this contract, the conlractor agrees as follows:
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<br />(I) 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, mental or physical handicap, or age. The contractor ",'i1Itake 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 pay or other forms of compensation; and selection for
<br />training. including apprenticeship. The contractor agrees to post in con~picuous places. available to employees and applicants for employment, notices to be pro.
<br />vided by the contracting oJlicer setting forth provisions of this non_discrimination clause.
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<br />(2) The contractor will. in all solicitations or advertisements for emplo)'ees placed by or on behalf ufthe contractor, state [hat all qualified applicants will receive
<br />consideration for employment without regard to race, creed, color. rtational 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 ofw()rkers with which he has cnllective bargaining agreement orother contract or understand-
<br />ing, notice 10 be provided by the contracting officer. advising the labor union or workers' representative of the contractor's commilment under the Executi\'e
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. and of the rules. regulations, and relevanl 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 Affinnative Action of April 16,
<br />1975, and by the rules. regulations and Orders ofthe Governor. or pum1ant thereto. and will permit access to his books. records, and accounts by the contracting
<br />agency and the office (If the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
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<br />(5) A labor organization will not exclude any individual othef\vise qualified from full membership rights in such labor organization, or expt'1 any such indi\'idual
<br />from membership in such labor organization or discriminate against an)' of its members in the full enjuyment 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 act defined in this contract to be dis-
<br />criminatory or obstruct or prevent any person from complying with the provisions of this contract or an)' order issued thereunder; or attempt either directly or
<br />indirectly, to commit an)' 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 />Ck-IO-2J06a.,ij8
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