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<br />D, SPECIAL PROVISIONS (1993 version)
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<br />1. Controller's approval. This contract shall not be deemed valid until it shall have been approved by the
<br />Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the
<br />payment of money by the STATE.
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<br />2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year are
<br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
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<br />3. Bond requirement. If this contact involves the payment of more than fifty thousand dollars for the
<br />construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
<br />work for this ST ATE, the CONTRACTOR shall, before entering upon the performance of any such work included in this contract, duly
<br />execute and deliver to the STATE official who will sign the contract, 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 of this contract. Such bond
<br />shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall
<br />provide that if the CONTRACTOR or his subcontractors fail to duly pay tor any labor, materials, team hire, sustenance, provisions,
<br />provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor in performance of the work contracted to
<br />be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will
<br />pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per
<br />annum. Unless such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall
<br />be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado
<br />may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
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<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless
<br />the STATE, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and
<br />attorney fees incurred as a result of any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees
<br />pursuant to the terms of this contract.
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<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the
<br />Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment
<br />practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975,
<br />Pursuant theretol the following provisions shall be contained in all STA TE 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 />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age.
<br />The CONTRACTOR will take affirmative action to insure that applicants are employed, and that employees are
<br />treated during employment, without regard to the above mentioned characteristics. ~uch action shall include,
<br />but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment
<br />advertisings; 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
<br />applicants for employment, notices to be provided by the contracting officer setting forth provisions of this
<br />non-discrimination clause.
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<br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to
<br />race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age.
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<br />c. The CONTRACTOR will send to each labor union or representative of workers with which he has a
<br />collective bargaining agreement or other contract or understanding, notice to be provided by the contracting
<br />officer, advising the labor union or workers' representative of the CONTRACTOR'S commitment under the
<br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules,
<br />regulations, and relevant Orders of the Governor.
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<br />TOWN OF NORWOOD & NORWOOD WATER COMMISSION
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<br />Page 6 of 8 Pages
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<br />FEASIBILITY REPORT CONTRACT
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