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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 Ih: Controlleroflhe State of Colorado or such asslSlant as he may designate. This
<br />provision is applicable 10 any contract involving the payment of money by the ~.tate.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations Orlhe Stale payable after the CUlTcnl fiscal yelll arc conlingent upon funds for thai purpose beins appropriated, budgeted and otherwise
<br />made available.
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<br />BOND REQUIREMENT
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<br />J. If Ihis contract invoh'cs the payment of more than fifty thousand dollars for the consuuclion, erection, repair. maintenance, or improvement of any building,
<br />road, bridge. viaduct, tunnel, excavation or other pUblic works for Ihis State, the ecnu.ctor shall, before entering the performance of any such work included in this
<br />contract, duly execute and deliver to and lile with tho: official whose signature appe: rs below foc the State, a good. and sufficient bond or other acceptable surety to be
<br />approved by said official in a penal sum not less t!'tan one-half of the total amour.t payable by the terms of this contract. Such bond shall be duly ex.ecuted by a
<br />qualified corporate surety, conditioned for the due lInd faithful performance of the l'ontract, and in addition, shall provide that if the contractor Of his subcontractors
<br />fail to duly pay for any labor, materials. leam hire, Sustenance. provisions. provendorormher supplies used or consumed by such contractor or his subcontractor in
<br />perfonnance of the work contral;ted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, togelber with interest at the
<br />rate of eight per cent per annum. Unless such bond, when so required, is ex.ecuted. delivered and filed, no claim in favorofthe contral;tor arising under this contract
<br />shall be audited, allowed or paid. A l;~rtilied or l;asl'tiu's check or a bank money order payable tothe Treasurerofthe State of Colorado may be accepted in lieu of.
<br />bond. This provision is in comrliance with 38-26_106 CRS, as amended,
<br />INDEMNIFICATION
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<br />4. To the extent authorized by law. the contraO::tor shall indemnify, save and hold hannless the State, its employees and agents, against any and all claims,
<br />damages, liability and court awards including costs, ex.penses, and allorney fees incurred as a result of any al;t or omission by the l;ontractor, or its employees.
<br />agents, subcontractors, or assignees pursuant to the tenns of this contrac!.
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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 Replal;ement Vol,), and as required by Executive Order, Equal Opportunity and Affirma-
<br />th'e Action, dated April 16. 1975. PlIrsual1ltherelO. the fol/owing prOl';siollS shal/ be rOfl/ailled ill all SIa(t con/rorts or sub-rOn/raclS.
<br />During the performance of this contract, the C4ritractor agrees as follows;
<br />(I) The contractor will not disl;riminate agains1 any employee or applicant Cor employment bel;ause of race, creed, color, national origin, sex, marital status,
<br />religion, ancestry, mental or physical handicap, (lr age, The contractor will take al1irmative action to insure that applicants are employed, and that employees are
<br />treated during employment. without regard to the above mentioned charal;teristics. Such action shall include, but not be limited to the following: employment,
<br />upgrading, demotion, or tramfer, recruitment or recruitment advertising; lay-offs or tenninations; rates of payor other fonns of compensation; and selection for
<br />training, including apprenticeship. The contrac!Cjr agrees to post in conspicuous places, available to employees and applicants Cor employment, notices to be pro-
<br />vided by the contracting officer setting forth provisions of this nOfl_discrimination clause.
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<br />(2) The contTactor will. in all solicitations or advertisements Cor employees placed by or on behalr of the contractor, state that all qualified applicants will receive
<br />.::onsidcratilln for employment without regard 1,0 race, creed, color. nalional origin, sex, marital status, religion, ancestry, mental or physical handicap, or
<br />age,
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<br />(3) The COnlfaCtor Will send to each labor union or representative of workers with which he has l;olleclive bargaining agreement or other contraC! or understand-
<br />ing, notice to be provided by the contracting officer, advising the labor union or workers' representativc of the contractor's commiunent under the Ex.ecuti\"e
<br />Order, Equal Opportunity and Affirmative Al;tion, dated April 16. 1975, and oC the rules, regulations, and relevant Orders of the Governor.
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<br />(4) Thc contractor and labor unions will furnish all infonnation and reports required by Executive Order, Equal Opportunity and Affinnative Action of April 16,
<br />1975, and by the rules, regulations and Orders of the Go\'ernor, 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 <\esignee Cor purposes of investigation to ascertain compliance with sUl;h rules, regulations and orders,
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<br />15l A labor organization will not exclude any individual otherwise qualified from Cull membership rights in such labor organization, or expel any such individual
<br />from membership in such labor organization or uiscriminltte against any of its members in the full enjoyment DC work opportunity, because of race, creed, color.
<br />sex, national origin, or ancestry,
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<br />(61 A labor organization. or the employees or Tllembers thereofwill nOl aid. abet, incite, compel or coerce the doing of any aCI defined in this contract to be dis-
<br />criminatory or obstruct or prevent any person from complying \l.'ith the provi~ions of this contral;t or any order issued thereunder; or attempt either directly or
<br />indirectly, to commit any Itl;t defined in this CMtract to be discriminatory.
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<br />395-53-01-1022
<br />Revised 1/88
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