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<br />Form 6-.4C..{)2B
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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 the Controller of the State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
<br />ment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
<br />purpose being appropriated, budgeted and otherwise made available.
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<br />BOND REQUIREMENT
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, ere'ction,
<br />repair, maintenance. or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
<br />works for this Stale, the contractor shall, before entering the perfonnance of allY such work included in this con-
<br />tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good
<br />and sufficient bond or olher 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 tenns of this contract Such bond shall be duly executed by a qualified
<br />corporate surety, conditioned for the due and faithful perfonnance of the contract, and in addition, shall provide
<br />that if the contractor or his subContractors fail to duly pay for any labor, materials, team hire, sustenance, pre-
<br />visions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance 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 requited, is
<br />executed. delivered and filed, 110 claim in favor of the contractor arising unoer 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 />INDEMNIFICATION
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<br />4. To the extent authorized by law. the contractor shall indemnify, save and hold harn-dess the State, its
<br />employees and agenlS, against any and all claims, damages, liability and court awards including COSlS, expenses,
<br />and attorney fees incurred as a result of any act or omission by the contractor, or ilS employees, agents, subcon-
<br />tractors, or assignees pursuant to the terms of this contract.
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<br />DISCRIMINATION AND ,u"FlRMATlVE 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 erflployment practices (24.34-402.
<br />eRS 1982 Replacement VoL). and as required by Executive Order, Equal Opf'Onunity and Affirmative Action,
<br />dated April 16. 1975. Pursuant therelO, thefo/lok'ing provisions shall be contained in all Slale conrracts or
<br />suP-contracts.
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<br />During the performance of this contract, the contractor agrees as folljJws:
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<br />(I) The contractor will not discriminate against any employee or applicant for employment because of
<br />race. creed, color, national 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 trealed during employment, without regard to the above mentioned characteristics. Such action shall
<br />include. but not be limited to the following: employment. upgrading. deOlotion, or transfer, recruitment or
<br />recruitment advertising: lay-oITs or terminations; rates of payor other fonns of compensation; and selec.
<br />tion ~r training. including apprenticeship. The contractor-agrees to post in conspicuous places, available
<br />to employees and applicants for employment, notices to be provided by tj1e contracting officer setting forth
<br />provisions of this non-dis~rimination clause.
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<br />(2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor. state that all q\lalilied applicants will receive consideration (or employment without regard (0
<br />race. creed. color, national origin, sex, marital status, religion, ancestry, mental or phYSical
<br />handi~p, or age.
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<br />(~e contractor will sel1d 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 Affinnative Action, dated April 16, J975, and of the rules, regulations, and
<br />reJe\'ant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all infonnation and reports required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16. 1975. and by the rules, regulations and Orders of
<br />the Governor. or pursuant thereto. and will pennit 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.
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<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.
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<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 discriminalory.
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<br />395.53.01.1022
<br />Revised 11-85
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<br />page _~__ of _,1. On pages
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