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<br />Fona6-AC~lB
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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 may designate. This
<br />provision is applicable to any contract involving the payment afmoney by the State.
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<br />FUND A V AILABILlTY
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<br />2. Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made
<br />available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involved the payment of more than fifty thousand dollars for the construction. erection. repair. maintenance. or improvement of any building. road.
<br />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 contract.
<br />duly execute and deliver to and file with the official whose signature appears below for the Slate. a good and sufficiem bond or oilier acceptable surely to be approved
<br />by said official in a penal sum not less than one.half of the tolal amount payable by the tenns of this contract. Such bond shall be duly execute by a qualified corporate
<br />surety. conditioned for the due and faithful perfonnance of the contract. and in addition. shall provide that if the contractor or his subcontractors fail to duly pay for any
<br />labor. materials, team hire, sustenance, provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance of the work
<br />contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond. together with imerest at the rate of eight per cent per
<br />annum. Unless such bond. when so required. is executed. delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or
<br />paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colord.do may be accepted in lieu of a bond. This provision is in
<br />compliance with 38-26-106 CRS, a'i amended.
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<br />INDEMNIFICATION
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<br />4. To Ihe extent authorized by law. the conlra..;tor ..hall indemnify. save and hold harmless the Stale. its employees and agents. against any and all claims. damages.
<br />liabililY and court awards including COSIS. expenses. and attorney fees incurred as a resuil at any act or omission by the contractor. or its employees. agents. subcontraClors.
<br />or assignee:. pursuant to the terms of this centract.
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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 the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting
<br />discrimination and unfair employment practices (24-34-402. eRS 1988 Replacement Vol.). and as required by Executive Order, Equal Opponunity and Affirmative
<br />Action. dated April 16. 1975. Pursuant thereto. the following provisions shall be cOnlained 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 />(1) The contractor will not discriminate again~t any employee or applicanl for employment because of race. creed, color. national origin. sex, marital status, religion,
<br />ancestry, mental or physical handicap. or age. The contractor will take affinnative action to insure that applicants are employed. and that employees are treated
<br />during employment. without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading.
<br />demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of payor other forms of compensation; and selection for training,
<br />including apprenticeship. the contractor agrees to post in conspicuous places, available to employees and applicants for employment.
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<br />2) The contractor will. in all solicitations or advenisements for employees placed by or on behalf of the contractor, state that all 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 age.
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<br />(3) The contractor will send to each labor union or representative of workers with which he has coUective bargaining agreements orothercontraetorunderstanding,
<br />notice to be provided by the contracting officer, advenising the labor union or workers' representative of the contractQr's commitment under the Executive Order,
<br />Equal Opponunity 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 repons 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 of 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 organizations, 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 opponunity, because of handicap , race. creed,
<br />color, sex. age. national origin, or ancestry. ( 24-34-402 (I) (c) )
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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
<br />di~crimina[ory or ObSlrucl any person from complying wilh the provisions of this contract or any order issued thereunder, or attempt either directly or indirectly. to
<br />commit any aCI defined in this contract 10 be discriminatory. ( 24-34--402 (I) (e) )
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<br />Revised 519l
<br />395.53.01.1022
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