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<br />.torn! 6-AC-028
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<br />SPECIAL PROVISIONS
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<br />CONTROI.LER'S APPROVAl,
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<br />I. This contract shall not be deemed \'alid until it shall have been approved by the Controller of the State ofColOl'adoor such assistant as he may designate. This
<br />provision is applicable to llny 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 Stale payable ,ner the cUlTent fiscal year are contingent upon funds for t/lat purpose being appropriated, budgeted and othelWise
<br />madeo\'ailable,
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<br />BONn REQUlJ(EMENT
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<br />3. If this contract invllh'cs the payment uf m()(e than lift), thousand dollars for the construction, erectioil, repair, maintenance, or improvement orany building,
<br />road, bridge, viaducl, tUlmcl, excn\'~lli(ln or othcr public works for this State,the contractor shalf, bcfore entering the performance of any such work included in this
<br />contracl. duly execule ~Ind dcfi\'er In ilnu file I'.ith the olliei;!1 whose signalure i1llpears below for the State, a good and sufficient bond orother acceptable surety to be
<br />approved by said official in a penal ~i.lm not less than onc-halfofthe tutal amount payable by the terms (lfthis contract, Such bond shall be duly executed by a
<br />tjualitied corporate surety, C'lluliti')lleU for lhc dll(: and fllitlrful performance of the contract, and in addition, shall provide that if the Contractoror his subcontraclors
<br />1~liltllduly PIlY fnr au)' I.lh'lI', luater-lab, Icalll hire, sllstcnnn<:e, jlTuvisions, provendororolher supplies used orconsumed by such contractor or his subcontractor in
<br />llcrformanccoflhe work c(,nlr:lctct! (u he uune,ltlc surety will pay the same in an amount nOt exceeding thi: sum specified in the bond, together with interest at the
<br />rme ufeigftl percent per ~mrHlIll Iln1css such bond, whcn sorequired, is executed, delivered and filed, no clilim in favorofthe contractor arising under this contract
<br />shall he audil~d, allowed or p:,id. A cmified ur ca~hicr's check or a bank money order p,lyablc to the Treasurerofthe State of Colorado may be accepled in lieu of Il
<br />bond. This provision is in cumpliance wilh 38.26-106 eRS, as amended.
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<br />INDEl\INIFICA'1'I0N
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<br />4, To the extent authorile.1 b)" law, the ctJntr~C(or shall indemnify, save and hold hamlless Ihe State, its employees and agents, againS! any and all claims,
<br />damages,liabililY and COUll all':trd~ including co~ts, expenses, and allorney fees incurred as a resull of MY act or omission by the contractor, or its employees,
<br />lIgents, subcontractors, or assignees pursuant to tbe ternlS of tllis contract,
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<br />IHSCHUIINATION ANn AFFIRa.IATIVIf. ACTION
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<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Ad of 1957, as amended, and other ,,;:?i:cable law respecting
<br />disl'rimin.atioll and unfair employmcnt practices (24-34-402, CRS 19B2 Replacement VoL), and as required by Execulive Order, Equal Opportunily and Affirma-
<br />til'e Action, dated April 16, [1)75. l'UrSIlt1mtheft'lu, Ih.' follo,dllg prOl'isiOIlS shall be cOll/ailted ill all Slate cOlltracts Qr sub-colI/racts.
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<br />During the performance or Ilris cnlltract, the contractor agrees as follows:
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<br />(I) The colltractor will nnt .lb~'lill1inate againstllny employce or applicant for employment because of race, creed, color, national origin, sex, marital status,
<br />reti~i()n, ancestry, melltal or Ilh}"Sical hlllldicap, Dr age. The contractor will take lIfiirI1l8tl\'e action to insurt that applicants are employed, and that employees are
<br />trcnted during eJlIf'[nymelll. \\'ithllllt regard to the nh\l\'e mentiolled charncteristics. Such nction shall include, but not be limited 10 the fOllowing: employment,
<br />upgruding. demotion. or tmlbrcr, l'ccnritmcnt nr recruitmcnt ad\'crtising; lay.offs or terminations; ratcs o(pay or other forms ofcompensatioo; and selection for
<br />training,incluuingilflllrent:.:cshil..Tlrcctlotla.:ltlragl'ccstnpostinconsllicuousplaccs,lll'ailablctoemllloycesandapplicants for employment, notices tobe pro-
<br />"idcd hy thc c<llltraetin;; onicer ~cllilllllilrlh provisions Oflhis non-discrimination clause,
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<br />121 Thc corMac'tol will. in all solicitations or ad.'crtisclllents for employees placcd by or on behalf of the contractor, state that all qualified applicants will receive
<br />considantion fur cmpluyment without regard to race, erecd, color, national origin, sex, marital status, religion, anceslry. mental or physical handicap, or
<br />age.
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<br />(J) The contractor will send to ellch labor union or representatil'e of workers with which he has collective bargaining agreement or other contract or understand-
<br />ing, nul ice to be prodded by Ihe conlraeting olllcer, advising Ihe labor union or workers' representative oCthe contractor's commitment under the Executh'e
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. and of the rules, regulations, and relevant Orders of the Go\'ernor.
<br />(4) The contraclor and laoorunions will furnish ,If informatinn and reports required by Executive Order, Equal Opportunity aod Affirmative Aetionof April 16,
<br />1975, and b}' (hc rules, regulations lmd Orders of the Governor, or pursuant thereto, and will permit access 10 his books, records, and accounts by the contracting
<br />agency and the office of the Govcrl1or or his designee fur purposes of in.'estigation to ascertain compliance wilh such rules, regulations and orders.
<br />(5) A lilbororllanization will nol cxclude any individual otherwise qualified from full membcrshiprightsin such labor organization, orexpe] any such individual
<br />frum membership in such labororganizalion or discrirninlltc against any oritS members in the full enjoyment of work opportunity, because of race, creed, color,
<br />sex, national origin, or ancestry,
<br />(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this cOlltractto be dis.
<br />criminalory or obslruct or prevent any person from complyin@;withtheprovisionsofthiseontraetorany order issued thereunder; or attempt either directly or
<br />indirectly, to commit any act defined in this conlract to be discriminatory.
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<br />395-53-01-1022
<br />Revised [/88
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<br />00-10-2106..81
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