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<br />Fonn 6-AC.028
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
<br />~. This contract shall not be deemed valiq until it shall have been approved by the Controller of the State of
<br />Colorado or such assistant as he may designate. This provision is applicable [0 any contract involving the pay-
<br />ment of money by the State. .
<br />FUND A V AILABI.ITY
<br />2. Financial obligations of the State payable after the current fiscal year are cont{ngent upon funds for that
<br />purpose being appropriated, budgeted and otherwise made available.
<br />BOND REQUIREMENT
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
<br />"repair,. maintenance, or improvement of any building, road. bridge, viaduct, tunnel, excavation or other public
<br />works for this State, the contractor shall, b.efore entering the performance of any such work included in this con.
<br />tract, duly execute and deliver to and file with the official whose signature appears be!ow for the State, a good
<br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
<br />.half of the total amount payable by the terms of this contract Such bond shall be duty executed by a qualified
<br />corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide
<br />that if the contractor or his subcontractors faU to duly pay for any labor, materials, team hire, sustenance, pro- .
<br />visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
<br />the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the
<br />bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is
<br />.executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited,
<br />allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br />Colorado may be accepted in lieu of a bond. This provision is in compliance with 38.26-106 CRS. as
<br />amended,
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<br />INDEMNIFlCATION
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<br />4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its .
<br />employees and agents, against any and all claims, damages,liabHity and court awards including costs, expenses,
<br />and attorney fees incurred as a result of any act or omission by the contractor. or its employees, agents, subcon.
<br />tractors, or assignees pursuant to 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 Colorado Antidiscrimination Act of 1957,
<br />as amended. and other applicable law respecting discrimination and unfair employment practices (24-34.402.
<br />eRS f982 Replacement VoL). and as required by Executive Order, Equal Opportunity and Affirmative Action.
<br />dated April 16, 1975. Pursuant thereto. the following provisions shall be contained in a/J Slate contracts or
<br />sulrcontracts. -
<br />During the performance of this contract, the contractor agrees as follows:
<br />(1) The contractor will not discriminate against any employee or applicant for employment because of
<br />race, creed. color, nationa.1 origin, sex, marital status, religion," ancestry, mental or physical handicap, or
<br />age. The contractor will take affirmative action to insure that applicants are employed. and that employees
<br />are treated during employment. without regard to the above mentioned characteristics. Such action shall
<br />include, but not be limited to the following: employment. upgrading, demotion, or transfer, recruitment or
<br />recruitment advertising; lay-ofTs or terminations: rates of payor other forms of compensation; .and se!ec~
<br />"tion for training, including apprenticeship, The contractor agrees to post in conspicuous places, available
<br />to employees and applicants for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non.discrimination clause,
<br />(2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor, state that all qualitied applicants will receive consideration for employment without regard to
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical
<br />handicap, or age.
<br />(3) The contractor will send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer.
<br />advising the labor union or workers' representative of the contractor's committment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. and of the rules, regulations, and .
<br />.relevant Orders of the Governor,
<br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
<br />Equal.Opportunity and Affirmative Action of April 16, 1975, and by the rutes. regulations and Orders of
<br />the Governor, or pursuant thereto, and will permit access to his books, records, and .accounts by the con-
<br />tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain
<br />compliance with such rules, regulations and orders.
<br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
<br />such labor organization, or expel any such individual from membership in such labor organization .or dis~
<br />criminate against any of its members in the full enjoyment of work opportunity, because of race, creed;
<br />color, sex, national origin, .or ancestry,
<br />(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
<br />the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
<br />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 to be discriminatory.
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<br />395-53-01-1022
<br />.Revised 11.85
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