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<br />FOrol 6-AC-tl2B
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<br />SPECIAL PROVISIONS
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<br />CO!'.'T\WLLER'S APP\WYAL
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<br />1. This contract shall nut he (h;en1<',i \ ;;ilJ until it ~nall ha\c heen appr(wcd hy the Controller of the State of Colorado or such assistant as he may designate. This
<br />provision is applicable 10 3n~ contract ill\ol\in8lhc payment ofmollcy by the Slate.
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<br />FUNU AYAILABILlTY
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<br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
<br />made available.
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<br />BONU REQUIREME!'.'T
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<br />3. If this contract involves the payment of morc than fifty thousand dollars for the construction, erection, repair. maintenance, or improvement of any building,
<br />road. bridge. viaduct. tunnel. excavation or other public works for this State. the contractor shall, before entering the performance of any such work included in this
<br />contract, duly execute and deliver to and file \vith the official whose signature aJ:lpears below for the State, a good and sufficient bond or other acceptable surety to be
<br />approved by said official in a penal sum not less than one-half of the total amount payable by the terms or this contract. Such bond shall be duly executed by a
<br />qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors
<br />fail to duly pay for any labor. materials. tenm hire. sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in
<br />performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
<br />rate of eight per cent per annum. Unless such bond, when so required. is exeCUted, delivered and filed, no claim in favor of the contractor arising under this contract
<br />shall be audited, allowed or p:lid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
<br />bond. This provision is in compliance with 38-26-106 CRS. as amended.
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<br />INDEMNIFICATION
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<br />4. To the extent authorized by law. the contractor shall indemnify. save a.nd hold hannless the State, its employees and agents. against any and all claims,
<br />damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor. or its employees,
<br />agents, subcontractors. or assignees pursuant to the terms of this contract.
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<br />IlISCRlMINATION Al'n AFFIRMATIVE ACTION
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<br />5. The contractor agrees to co:nply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair emplcymcnt practices (24-34-402. CRS 1982 Replticement VoL), and as required by Executive Order. Equal Opportunity and Affirma-
<br />tive Action. dated April 16. 1975. Pursuanr rherelO, theiol/owing prm'isions shall be contained in all State contracts or sub-contracts.
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<br />During the performance of this contract, the contractor agrees as follows:
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<br />(I) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin. sex, marital status,
<br />religion. ancestry. mental or physical handicap, or age. The contractor will take affinnative action to insure that applicantS are employed, and that employees are
<br />treated during employment. without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment,
<br />upgrading, demotion. or transfer. recruitment or recruitment advertising; lay-otfs or terminations: rates of pay or other fonns of compensation: and selection for
<br />training. including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. notices to be pro-
<br />vided by the contracting officer setting forth provisions of this non-discrimination clause.
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<br />(2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf ofthe contractor. state that aU qualified applicants will receive
<br />consideration for employment without regard to race. creed. color, national origin, sex, marital slatus, religion, ancestry, mental or physical handicap, or
<br />age.
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<br />(3) The contractor \\'ill send to each labor union or representative ofworkets with which he has collective bargaining agreement or other contract or understand-
<br />ing. notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive
<br />Order. Equal Opportunity and Affirmative Action. dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of April 16.
<br />1975, and by the rules. regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books. records, and accountS by the contracting
<br />agency and the office (If the Governor or his designee for purposes of investigation to ascertain 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 such labor organization. or expel any such individual
<br />from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race. creed. color,
<br />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 the doing of any act defined in this contract to be dis-
<br />criminatory or obstruct or prevent any person from 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 1/88
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<br />page 2 of ~ pages
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<br />D,.10-2~06a.B8
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