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<br />Form 6-AC.o28
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S ,4.PPROV AL
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<br />1. This contract shall nOI 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 A V AILABILlTY
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<br />2. Financial obligations of the Stale payable after the fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made
<br />available. .
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<br />BOND REQUIREMENT
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<br />3. If this contract involved the payment of more than fifty thousand dollars tor the construction. erection, repair. maintenance, or improvement of any building. road.
<br />bndge, viaduct. tunnel. excavation or other public works for this State, the contractor shall. before entering the perfonnance of any such work included in this contract,
<br />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 approved
<br />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 execute by a qualified corporate
<br />surety. conditioned for the due and faithful performance of the contract, and in addition. shall provide that if the contractor or his subcontractors fail to duly pay for any
<br />labor, materials, team hire, sustenance, provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
<br />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 the rate of eight per cent per
<br />annum. Unless such bond, when so required. is executed. delivered and filed. no claim in favor of the contractor arising under this contract shall be audited, allowed or
<br />paid. A certified or cashier's check or a bank money o.rder payable to the T~surer of the State of Colorado may be accepted in lieu of a bond. This provision is in
<br />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 inde~nif)', save anlj hold harmless the State, its employees and agents. against any and all claims, damages.
<br />liability and court awards including costs. expenses. and attorney fees incurred as a result of any act oromission by the contractor. or its employees, agents, subcontractors.
<br />or assignee.... pursuanlto 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 of the Colotado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair employment practices (24-34402. CRS 1988 Replacement Vol.), and as required by Executive Order, Equal Oppoitunity and Affirmative
<br />Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
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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, religion.
<br />ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated
<br />during employment. without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment. upgrading,
<br />demotion, or transfer. recruitment or recruitment adven.ising; lay.offs Ot terminations; rates of payor other forms of compensation; and selection for training,
<br />including apprenticeship. the contractor agrees to post in conspicuous plates, available to employees and applicants for employment.
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<br />2) The contractor will, in all solicitations or advertisements for employe~s placed by or on behalf of the contractor, state that all qualified applicants will receive
<br />consideration for employment without regard to race, creed, color, national origin, sex, marital statuS, religion, ancestry, mental or physical handicap. or age.
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<br />(3) The contractor will send to each labor union or representative of work~rs with which he has collective bargaining agreements or other contract or understanding,
<br />nOlice to be provided by the contracting officer, adven.ising the labor unilln or workers' representative of the contractor's commitment under the Executive Order.
<br />Equal Opportunity and Affirmative Action, dated April 16, 1975; and of the rules, regulations, and relevant Orders oCthe Governor.
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<br />(4) The contractor and labor unions will furnish all information and reports required by Executlve 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 10 ascertain compliance with such rules, regulations and orders.
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<br />(5) A labor organization will not exclude any individual otherv.tise qualified from full membership rights in such labor organizations, 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 oppon.unity, because of handicap, race, creed,
<br />color, sex, age. national origin. or ancestry. (24-34-402 (I) (c))
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<br />(6) A labor organization. or the employees or members thereof will nOt aid. abel. incite, compel or coerce the doing of any act defmed in this contract to be
<br />discriminatory or obstruct any person-from complying with the provisions of this contract or any order issued thereunder; or anempt either directly or indirectly. to
<br />commit any act defined in this contract to be discriminatory. (24.34--40::! (I) (e))
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<br />Revised 5191
<br />395.53.0 I. J 022
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<br />Page 12 of J] pages
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