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<br />SPECIALPRonSIONS
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<br />Cll:\TIIOI.LEII'S ,\I'I'nlJ\'AI.
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<br />I. This I.:lHlIral.:t shall Jlnl he ~kcmcd valid until it slwll have hl.:cn apl'rll\'cd h~' the CUlllrollcr of the State of
<br />l'lllnfaJo ur sudl assistant :IS he may dcsl~natc. rillS pfll\'ISiolllS applicahle In :lllY I.:lllllr:Kt ill\'ulving the pay.
<br />ment uf money hy the State.
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<br />t<,JNl> AVAILABILITY
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<br />2. Fin:tncial obligations of the State payahle after the current lisl.:al year arc I.:llnlinl!.Crll upon funds for that
<br />purpose being appropriated. budgeted :lnd otherwise madc available.
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<br />BOND IIEQUlREMENT
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<br />3. If this Contract involves the payment of more th:w lifty thousand Jollar:; for lhe construction. erection,
<br />repair. maintenance, or improvement of any building, roaLl. briJgc, \'iaJucl, tunnel, excavation or olher public
<br />works for this State, the contractor shall. before cntamg the perlormance of any such work included in this con-
<br />traCt, duly execute and JeJiver to and file with the ollidal whose signature appears helow lor the Slate. a good
<br />and sullicient bond or other acceptable surety to be approved by said ollicial in a penal ~um nut less than one-
<br />half of the total amount payable by the terms of this contract. Such bonJ shall bl.: duly executed by a qualilicd
<br />corporate surety, conditioned for the due and faithful perCormance oCthe contract. and in addition. shall provide
<br />that if the contractor or his subcontraewrs fail to duly pay for any labor. materials. learn hire. sustenance. pro-
<br />visions. provendor or other supplies used or consumed by such contractor or his subcontractor in perlormance of
<br />the work contrncted to be done. the surety will pay the same in .an amount not exceeding the !';um !';pecified in the
<br />bond, together with interest at the rate of eight per cent per annum. Unless siJch bond, when so required, is
<br />executed, delivered and liIed, no claim in favor of the contractor arising under this contract shall be auJited.
<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 eRSt as
<br />amended.
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<br />INDEMNIFICATION
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<br />4. To the ex.tent authorized by law. the contractor shall indemnify, save and hold harmless the State, its
<br />employees and agents. against any and all claims, damages. liability and court awards including costs, expenses.
<br />and attorney fees incurred as a result of any act or omission by the contractor. or its employees, agents, subcon-
<br />tractors, or assignees pursuant to the terms of this contract.
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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,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402.
<br />CRS 1982 Replacement Vo!.), and as required by Executive Order, Equal OpPoltunity and Allirmative Action,
<br />dated April 16. 1975. Pursuant ,hereto, the following provisions shall be cont{lined in all S/ale con/racts or
<br />sub-con/racts.
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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
<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 treated during employment, without regard to the above mentioned characteristics, Such action shall
<br />include. but not be limited to the following: employment. upgrading, demotion. or transfer. recruitment or
<br />recruitment advertising: lay-oiIs or terminations; rates of payor other fomls of compensation: and selec-
<br />tion for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
<br />to employees and applicants for employment. notices to be provided by the contracting officer setting forth
<br />provisions of this non-discrimination clause.
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<br />(2) The contractor will. in all solicitations or advertisements tor employeeS placed by or on behalf of the
<br />contractor. state that all qualilied applicants will receive consideration for employment without regard to
<br />race, creed, color, national origin. sex, marital status, religion. ancestry, mental or physical
<br />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 collective
<br />bargaining agreement or other contract or understanding, notice to be provided by the contracting olficer.
<br />advising the labor union or workers' representative of the contf<lctor's commiument under the Executive
<br />Order, Equal Opponunity and Atlinnative Action. dated April 16, 1975. arld of the rules, regulations, and
<br />relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all infonnation and repans required by Executive Order,
<br />Equal Opportunity and Allinnative Action of April 16, 1975. and by the rules. regulations and Orders of
<br />the Governor, or pursuant thereto. and will permit access to his books, records. and accounts by the con-
<br />tracting agency and the office of the Governor or his designee lor 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 qualitied from full membership rights in
<br />such labor organization. or espel any such individual from membership in such labor organization or dis-
<br />criminate against any of its members in the full enjoyment or 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 therellf will not aid. abet. incite. compel or coerce
<br />the doing of any act defined in this contract to be discriminator}' or obstruct or prevent any person from
<br />complying with the provisions of this contracl 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 11-85
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