<br />Form 6-AC.028
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<br />SPECIAL PROVISIONS
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<br />CONTROLLEWSAPPROVAL
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<br />I. This contract shall nol be d~emed valid until it shall have been approved by the Controller of the State oreolorado 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 of the State payable after the current fiscal year are contingent upon funds for that purpose beina appropriated, budgeted and otherwise
<br />made available.
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<br />BOND REQUIREMENT
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<br />3. Iflhis contract invoh'es the payment of mare than lifty 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 v.ith Ihe official whose signature al>pears below for the Slale, a good and sufficient bond or other acceptable surety to be
<br />approved by said official in a pellal sum not less than one.half of the tOlallUllount payable by the terms of this contract. Such bond shall be duly executed by a
<br />qualilied corporate surety, conditioned forthe due and faithful perfonnance oflhe contract, and in addition, shall provide that ifthe contractor or his subcontractors
<br />fail 10 duly pay tor an)' labor, materials, learn hire, sustenance, provisions, provendoror other supplies used or consumed by such contractor or his subcontractor in
<br />perfonnance of the work contral.:led 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
<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 pr1id. A ccrtitiedorcashier's check or a bank money order payable to Ihe Treasurer of the Stale ()fColorado may be accepled 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, save Gnd hold hamlless the State, its employees and agents, against any and all claims,
<br />damages, liability and court awards including costs, i:xpenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees,
<br />agents, subcontraclors, or assignees pursuant to the tenns of this contract.
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<br />D1SCIlIMINATION ANll .<l.FFIRMATIVE ACTION
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<br />5, The contractor agrees to comply with the letter and spirit of the Colora~o Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair emplo}'mem practices (24.34.402. CRS 1982 Rephtcement Vol.), and as required by Executive Order, Equal Opportunity and Affirma~
<br />Ii\'c Action, dated April 16, 191 S. PurSllafll th.ereto. the following prollisiollS shall be cOfllained ill all State contract;r or sulrconlracts.
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<br />During the performance of this contract, the contractor agrees as fallows:
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<br />(I) The conuactor 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 will take affirmative action to insure that applicants are employed, and that employees are
<br />ueated during cmploymeOl, withoul regard to the ahove mentioned charaCteristics. Such action shall include, but not be limited to Ihe following: employment,
<br />upgrading. demotion, or trall:iter, recruitment or recruitment advertising; lay--offs or tenninations; rates of pay or other f()nns of compensation; and selection for
<br />training, including apprenti":l.:ship. The contractor agrees to post in conspicllouS places, available to employees and applicants for employment, notices to be pro-
<br />vided by Ihe conlracting oOicer ~clling forth provisions of this non.discrimination clause.
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<br />(2) The contractor will, in allliolicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicanls will re~eive
<br />consideration for employment without regard to race, creed, color, natiQnal origin, sex, marital slatus, religion, ancestry, mental or physical handicap, or
<br />age.
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<br />(3) The contractor will send tl,) each labor union or representative of workers wilh 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 contra~tor's commitment under the Executive
<br />Order, Equal Opportunity and Affinnative 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 llnions will furnish all infonnation and reports required by Executive Order, Equal Opportunity and Affinnalive Action of April 16,
<br />1975, and by the rules, regulations and Orders ofthe 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 compliance wilh such rules, regulations and orders.
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<br />(5) A labor organization will nOI exclude any individual otherwise qualified from full membership righls in such labororganizalion, or expel any such individual
<br />from membership in such laoororganizationordiscriminale against any or its members in the full enjoyment of work opportunily, 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 lhereofwill 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 any order issued thereunder; or attempt either directly or
<br />indirectly, to commit any act defined in this contract 10 be discriminatory.
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<br />395-53-01-1022
<br />Revised 1/88
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