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<br />SPECIAL PI;tOVISIONS
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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 1:)1' !tle Controller of the Stale of Co4orado or such assistant as
<br />he may designate. This provision is applicablE! to any contrad involving the J;:<ayment 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 construction, erection. rE!pair, maintenance, or
<br />improvement of any building, road, bridge, viaduct, tunnel. excavation or other public work for this; State. the contractClr shall, before entering
<br />upon the performance of any such work included in this contract, duly exeo.r<<! and deliver to thEl State official who will sign the contract, a
<br />good and sufficient bond or other acceptable surety to be approved by said OIlficial in a penal sum not less than one-half of the total amount
<br />payable by the tenns of this contract Such bond shall be duly executed by a Qualified corp<Jrate surety, conditioned upon the faithful
<br />perfCHTTlance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials,
<br />team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance
<br />ofttle work contracted to be done or fails to pay any person who supplies rental machinery, tools, or eQuipment in the prosecution of ltle'NDr1<
<br />the surety will pay the same in an amount not exceeding the sum specified in '!tIe bond, together with interest at the rate of eight per cent per
<br />annum. Unless such bond is executed, delivered and filed, no daim in favor of the contractor arising under such contract shall be audited,
<br />allowed or paid. A certified or cashier's check or a bank money order payablE~ to the Treasurer 01r the State of Colorado may be accepted in
<br />lieu of a bond. This provision is in compliance with eRS 38-26-106.
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<br />INDEMNIFICATION
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<br />4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless thE! State, its employel~s .md agents, against
<br />any and all claims, damages, liability and court clwards including costs, ex~~;, and attorney fee:;; incurred as a resulr: of any act or omission
<br />by the contractor, or its employees, agents, su~contractors, or assignees pursuant to lne tenns 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 th~~ Cokxcldo Antidiscrimination Act of 1957. as amended, and other
<br />applicable law respecting discrimination and llnfair employment practice (eFtS 24-34402), and as reQuired by Executive Order, Equal
<br />Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the' foflowing provisions shalf be contained in all State contracts
<br />or sub-contracts.
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<br />During the performance of this contract, the contractor agrees as follows:
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<br />(a) The contractor will not discriminate against any employee or applicant k>r employment because of race. creed, color, national origin,
<br />sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmatiVE! action to insure lt1at
<br />applicants are employed, and that employees are treated during employrnenl; without regard to the above mentioned characteristics. Sudl
<br />action shall include. but not be limited to the following: employment, upgrading, demotion, or transfer, recruibnent or recruitment
<br />advertisings: lay-offs or terminations; rates of payor other forms of compensation; and selection for training, induding apprenticeship. The
<br />contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
<br />contracting officer setting forth provisions of lhis non-disaimination clause.
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<br />(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all quaflfied
<br />applicants will receive consideration for employment without regard to raC~i, creed. color, national origin, sex, marital status, religion,
<br />ancestry, mental or physical handicap, or ag...
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<br />(c) The contractor will send to each labor unil)n or representative of workers w;th which he hc'1s a collective bargaining agreement or other
<br />contract or understanding, notice to be provided by the contracting officer, advising the labor union or wor1<ers' representative of the
<br />oontractor's commitment under !he Executiv" Order. Equal Opportunity and Affirmative Action. daled April 16. 1975, and of !he rules.
<br />regulations, and relevant Orders of the Govemor.
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<br />(d) The contractor and labor unions will furnish all information and reports required by ExeculivE~ Order, Equal Opportunity and Affinnative
<br />Action of April 16, 1975, and by the rules, regulations and Orders of the GovE!mor, or pursuant thereto, and will permit access to his books,
<br />records, and accounts by the contracting agency and the office of the Govemor or his designeE! for purposes of inv1estigation to ascertain
<br />compliance wiltl such rules, regulations and orders.
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<br />(e) A labor organization will not excfude any individual otherwise qualified fmm fuil membership rights in such labor ornanization, or expel
<br />any such individual from membership in such labor organization or disaiminate against any of its members in the full enjoyment of work
<br />opportunity, because of race, creed, color, sex, national origin, or ancestry.
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<br />(I) A labor OlglInlzation, or !he employees or members thereof will not aid, abet. incite. compei or coerce !he doing of any act defined in
<br />this contract to be discriminatory or obstruct or prevent any person from comptying wilh the provisions 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 discriminatOfy.
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<br />Foon 6-AC-02B
<br />Revised 1193
<br />395.53~1-1022
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