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<br />Form 6.I\C-OZIl
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<br />SPECIAL PROVISIONS
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<br />CONTROLLEIt'S Al'l'ltQVAL
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<br />I. This contract shall not bc 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 currcnt fiscal year are contingent upon funds for that
<br />purpose being approprinted, 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 th~m fifty thousand dollars for the construction, ereclion.
<br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
<br />works for this State, the contractor shall, before entering the performance of any such work included in this con-
<br />tract, duly execute and deliver (0 and file with the offici a] whose signature appears below lor the State, a good
<br />and su/Ticient bond or other acceptable surety to be approved by said olTIcial in a penal sum not less than one-
<br />half of the total amount payable by the terms of this contract. Such bond shall be duly e.xecuted by n lfual ilicd
<br />corporate surety, conditioned for the due and faithful performance of the contract, and in additioll, shall provide
<br />that if the contractor or his subcontractors fail to duly pay for any labor, materials. teRm hire, sustenance, Pf(}-
<br />visions, provendor or other supplies used or COnS1l1l1CU by such contl'actor or Ilis SubCOlltr1lctor in perfU1"l1lanCC ot
<br />the work contracted to be done, the surety will pay the same in an amount not exceeding the Stllll specified in the
<br />bond, together with interest at the rate of eight per cent per annulll. Unless such bond, when so requireu. is
<br />executed. dclivered and filed, no claim in favor of the contractor arising under this contrOlct shall be auuiteu,
<br />allowed or paid. A certified or cashier's check or a hank mOlley order p<lyahk to the Treasurer of the State of
<br />Colorado may be accepted ill lieu or a bond. This provision is in complialH;e with 38-26-106 ('I1S. ns
<br />amcnded.
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<br />INDEMNIJo'ICA'I'ION
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<br />4. To the extent authoriz.ed hy law. the conlractor shall indemnify. save and hold hnrndess the St,lte. its
<br />employe:::s and agents. against ~lt1y Hlld all d;lims. unll1ages. liabilily anu COllrt aWllrcls inclllding cosls. expenses.
<br />and attorney fecs incurred as a result or [IllY tlct or omission by the conlractor. or its cmployees, agellls. subcon-
<br />tractors. or assignees pursuant to the tcrms or this contmct.
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<br />DISCRIMINATION AND A~'FmMATIVE ACTION
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<br />5. TIle contractor agree$to COlnflly witll the letler al1(1 spirit of the Colorado Antidiscrinlination Act (II" IllS7,
<br />as amenueu. and other applicable ]llW rcspecting discrimill<llion and unf;;lir C'mpluymcnt praclices (24-3<1-<lU2-
<br />CRS 1982 Rcplacement VoL), and as rcquired by Executive Order, Equal Opportunity alld Allirmalivc Action.
<br />dated April 16. ]975. Pursuallt thereto. the/olio wing propisiolls shall be COl/tained ill a/I Stale COlltmets or
<br />sub-con/raefs.
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<br />During the perl"onnDllee or this cOlltract, tbc contractor <lgrees as lollows:
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<br />(I) The contractor will not discriminate against any employee or applicant for employment becausc or
<br />race. creel!. color. national origin. sex, marital status. religion, ancestry, mental or physical handicap, or
<br />age. The contractor will lake affirmative action to insure that applicants arc employed, and that employees
<br />arc treated during employmellt, without regard to the above mentioned characteristics. Such action shall
<br />indudc, hut not be limited 10 the I"ollowing: employmcnt. upgrading. delllotion, or transfer, recruitment or
<br />recruitment advertising; lay-olIs or lerminations; rates of pay or other forms of compensation; and selec-
<br />lion for training, including apprel\ticc~llip. Thc contractor agrees to post in conspicuous places. available
<br />to employees nnd applieanls 1'01' cmployment, notices to be provided by the contracting ofTicer selting forth
<br />pnJ\'isions of this Ilon-diseriminntinn clause.
<br />
<br />(2) The contractor will. in all solicitations or advertisements for employees plnced by or on behalf of the
<br />cOl\tractol'. state thut .'Ill qualified ;lpplic<ltlts will receive consideration for employment without regard to
<br />race. cleed. color. nntional origin. sex. ni<lril<ll status, religion, ancestry, mental or physical
<br />IwndicllP. or age.
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<br />(.1) The CO!lIr<lCtor will st~lld to c,lch labor union or repre;;entHtive of workers with which he has collective
<br />hargail1ing. agreement or other contract or understanding, notice to be provided by the contracting anker,
<br />advising tile lnbor uniun or workers' represent<ltive of the contractor's committment under the Executive
<br />OrdCI', EqU.ll Opportunity and Affirmative Action, dated April 16, 1975, and of Ihe rules, regulations. and
<br />relevant Orders of the Govcmor.
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<br />(4) The contractor anti labor ullions will rurnish all inrormation and reports required by Executive Order,
<br />Equal Opportunity and Aflirmative Action of April ]6. ]975. and by the rules. regulations and Orders of
<br />the Governor, or pursuant tJ1creto, and will permit access to his books. records, and accounts by the con-
<br />tr:lcting agency and the ollicc of the Governor or his designee lor purposes of invcstigation to ascertain
<br />cnlllplicll1ce with sllch rules. rcgulations unci orders.
<br />
<br />(5) ^ labor organization will not excl\lde any individual otherwise qualiliccJ from full membership rights in
<br />such labor urganilalion. or expel any such individual from membership in such labor organization or dis-
<br />criminate against any of its members in the full enjoyment or work opportllJlity, because of race. creed.
<br />color, sex. national l)rigill. or ance~try.
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<br />(6) ^ labor orgHl1il.iltioll. or the employees or members thereof will not .Iid. ;lbel. incite. compel or cocl"Ce
<br />tile cJoing or any act dclil1ed in 1I1i~ cllntract to be discriminalory 01' ubstnlcl or prevent any person rrom
<br />complying with thc provisions oflhis contract or 1my order issued thcrCtllllLcr: or aUempt. eilher directly or
<br />indireeLly. to commit any act ucfilled in this contract to be discriminalory.
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<br />395~53-0 1-1022
<br />Revised 11-85
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