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<br />Form 6-AC.028
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<br />SPECIAL PROVISIONS
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<br />CO}l.'TROLLER'S APPROVAL
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<br />I. This contract shall not be deemed valid until it shall have been approved by the Controllerofthe State of Colorado or such assistant ashe may desi[tllat.e. This
<br />prO\'ision is applicable to any contract involving the payment of money by the Sute,
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<br />FUND AVAILABILITY
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<br />2. Financial obligations oflhe Slate payable after the current fiscal year are contingent upon funds for that purpose being appropriat.ed, budgfted and otherwise
<br />made available.
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<br />BOND REQUlREMEl'l'T
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<br />3. Iflhis 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. exca\'ation or other public works for this State, the contractor shall, before entering the perfonnance 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 State, a good and sufficient bond or other acceptable surety to be
<br />approved br said official in a penal sum not less than one-half of the tOlal amount payable by the terms of this contract. Such bond shall be duly executed by a
<br />qualified corporate surety. conditioned fortlledue and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors
<br />fail 10 duly pay for an}'labor. materials, team hire, sustenance, provisions, provendororother supplies used or consumed by such contractor or his subcohtractor in
<br />performam;e 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 the
<br />rate of eight per cent per annum. Unless such bond, when so required, is executed. delivered and filed, no claim in favoroftbe contraetOr arising under this contract
<br />shall be audited, allowed or paid. A cenifiedor cuhier's check or a bank money order payable tothe Treasurcrohhe State o(Colorado may be accepted in lieu of l
<br />bond. This pro\'ision is in compliance with 38-26-106 CRS, as amended.
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<br />Th'DEMNIFICATION
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<br />4. To the extent authorized by la,,', the contractor shall indemnify, save and hold harmless the State, iu employees and ageniS, against any and all claims,
<br />damages, liability and court awards including COSIS, expenses, and attomey fees incurred as a result of an}' ICt or omission by the contractor, or its employees,
<br />agents, subcontractol1i. or assignees pursuant to the terms of this contrlct.
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<br />DISCRIMINATION AND AFFIRl\L-o\.TIVE ACTION
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<br />5. The contractor aifees to comply with the Iener and spirit of the Coiorado Antidiscrimination Act of 1957, as amended, and other applicable Ilw respecting
<br />discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vol.), and as required by Execulive Order, Equal Opportunity and Aflinna-
<br />ti\'c Action, dated April 16, 1975. Pursuan/lherela. IhejaUau.ing provisions shafl be contained in all Slale COfl/raClS or sub-canlracls.
<br />During the performance of this contract. thc contractor agrees as follows:
<br />(I) The contractor will not discriminate againsl an}' employee or applicant for employment because of race, creed, color, national origin, sex, marital status,
<br />relipon. ancestry, mental or physical handicap, or a,e. The contraclorwiU take affirmative action to insure that applicants are emplO)'ed, and that employees are
<br />treated durin, employment, without re,ard to the abo\'e mentioned characteristics. Such action shall include, but not be limited to the following: employment,
<br />uPP'ading, demotion, or transfer. recruitment or recruitment advenising: lay-offs or t.erminations; rales of pay or other fonns of compensation; and selection for
<br />training. includin, apprenticeship. The contractor Ilfees to post in conspicuous places. available to employees and applicants for employment. notices to be pro-
<br />vided by the contracting officer setting fonh proviSions of this non-discrimination clause.
<br />(2) The contractor will, in all solicitations or ad~'enisements for employees placed by orOD behalf of the contractor, state that all qualified applicants will receive
<br />consideration for employment without re,ard to race, creed. color, national origin, sex, marital status, religion, IlIcestry. mental or physical handicap, or
<br />a,e.
<br />(3) The contractorwil! send to each labor union or representalive of workers with which he has collective bargaining apeement or other contract or understand-
<br />ing. notice to be provided by the contracting officer, advising the labor union or workers' representative of tlle contractor's commitment under the Executive
<br />Order, Equal OpponunilY and Affinnative Action, dated April 16, 1975, and of the rules. regulations, and releVlll1 Orders of the Governor.
<br />{4} The contractor and labor unions will furnish all infonnation and reportS required by ExeC1Jlive Order, Equal Opponunity and AlTirmativeAction of April 16,
<br />1975, and by the rules, regulations and Ordel1i of tile Governor, or punuant thereto, and will pennit 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 ascenain compliance with such rules, re@:lllations and orders.
<br />(5) A laboror,anization will not exclude any individual otherwise qualified from full membenhip rights in such labor organization, orupel any such individual
<br />from membership in such labor or,anizllion or discriminate against any ofiu member, in the full enjoyment of work opponunity, because of race, creed, color,
<br />sex, national origin, or ancestry.
<br />(6) A laboror,anization. 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 complyin, with the provisions of this contract or any order issued thereunder; or attempt either directly or
<br />indirectly, to commit any act dermed in this contract to be discriminatory.
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<br />395-53-01-1022
<br />Revised 1/88
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