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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he
<br />may designate. This 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 of Colorado payable after the current fiscal year are contingent upon funds for that purpose being
<br />appropriated, budgeted, and otherwise made available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involves the payment of more than fifty thousand dollars for the co truction, erection, repair, maintenance, or improvement of
<br />any building, road, bridge, viaduct, tunnel, excavation or other public work for t' tate, the contractor shall, before entering upon the
<br />performance of any such work included in this contract, duly execute and deli r 0 the State official who will sign the contract, a good and
<br />sufficient bond or other acceptable surety to be approved by said official in pe al sum not less than one-half of the total amount payable by
<br />the terms of this contract. Such bond shall be duly executed by a qualifie co rate surety conditioned upon the faithful performance of the
<br />contract and in addition, shall provide that jf the contractor or his subcont cto fail to duly pay for any labor, materials, team hire,
<br />sustenance, provisions, provendor or other supplies used or consumed y sUFh contractor or his subcontractor in performance of the work
<br />contracted to be done or fails to pay any person who supplies rental m hinEJ\y, tools, or equipment in the prosecution of the work the surety
<br />will pay the same in an amount not exceeding the sum specified in th bonq{ together with interest at the rate of eight per cent per annum.
<br />Unless such bond is executed, delivered and filed, no claim in favor 0 the q'ontractor arising under such contract shall be audited, allowed or
<br />paid. A certified or cashier's check or a bank money order payable t the Treasurer of the State of Colorado may be accepted in lieu of a
<br />bond. This provision is in compliance with eRS 38-26-106. :
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<br />INDEMNIFICA TION !
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<br />4. To the extent authorized by law, the contractor shall indemnify, sa ,a,hd hold harmless the State, its employees and agents, against any and
<br />all claims, damages, liability and court awards including costs, ex en~s, and attorney fees incurred as a result of any act or omission by the
<br />contractor, or its employees, agents, subcontractors, or assignee prsuant to the terms of this contract.
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<br />DISCRIMINATION AND AFFIRMA TIVE ACTION
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<br />5. The contractor agrees to comply with the letter and spirit of the
<br />law respecting discrimination and unfair employment practices
<br />Affirmative, Action, dated April 16, 1975. Pursuant thereto, the
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<br />-'Iorado Antidiscrimination Act of 1957, as amended, and other applicable
<br />RS 24-34-402), and as required by Executive Order, Equal Opportunity and
<br />/lowing provisions sha/l be contained in all State contracts or sub-contracts.
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<br />During the performance of this contract, the contractor agree as follows:
<br />(a) The contractor will not discriminate against any emplo e or applicant for employment because of race, creed, color, national origin, sex,
<br />marital status, religion, ancestry, mental or physical ' dicap, or age. The contractor will take affirmative action to insure that applicants
<br />are employed, and that employees are treated dur~'n mployment, without regard to the above mentioned characteristics. Such action
<br />shall include, but not be limited to the following: em ~yment upgrading, demotion, or transfer, recruitment or recruitment advertisings;
<br />lay-offs or terminations; rates of payor other form ?f compensation; and selection for training, including apprenticeship. The contractor
<br />agrees to post in conspicuous places, available tq ,mployees and applicants for employment, notices to be provided by the contracting
<br />officer setting forth provisions of this non-discrimh1ption clause.
<br />(b) The contractor will, in all solicitations or advertiser\1ents for employees placed by or on behalf of the contractor, state that all qualified
<br />applicants will receive consideration for employ~ent without regard to race, creed, calor, national origin, sex, marital status, religion,
<br />ancestry, mental or physical handicap, or age. .:
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<br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other
<br />contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the
<br />contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and rules,
<br />regulations, and relevant Orders of the Governor.
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<br />(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative
<br />Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his
<br />books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to
<br />ascertain compliance with such rules regulations and orders.
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<br />(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel
<br />any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work
<br />opportunity because of race, creed, color, sex, national origin, or ancestry.
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<br />(f) A labor organization, or the employees o~ members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this
<br />contract to be discriminatory or obstruct at prevent any person from complying with the provision of this contract or any order issued
<br />thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory.
<br />(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations,
<br />or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for
<br />Form 6~AC-02C
<br />Revised 7/97
<br />615-82-50-6020
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