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<br />Q, Special Provisions (1993 version)
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<br />I.
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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
<br />contract involving the 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 contract involves the payment of more than fifty thousand dollars for the construction,
<br />erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other
<br />public work for this STATE, the CONTRACTOR shall, before entering upon the performance of any such work
<br />included in this contract, duly execute and deliver to the STATE official who will sign the contract, a good and
<br />sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of
<br />the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
<br />surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the
<br />CONTRACTOR or his subcontractors fail to duly pay for 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
<br />work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the
<br />prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,
<br />together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed,
<br />no claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or
<br />cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu
<br />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 the
<br />STATE, its employees and agents, against any and all claims, damages, liability and court awards including costs,
<br />expenses, and attomey 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 />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply: ~ith the letter a~d . spirit of the
<br />Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and
<br />unfair employment practices (CRS 24-34-402), and as required by,.:E!i'ecutive Order, Equal Opportunity and
<br />Affirmative Action, dated April 16, 1975, Pursuant thereto, the folloWing provisions shall ~,cbntained in all SrATE
<br />contracts or sub-contfacts, .~'f'", .,'
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<br />During the performance of this contract, the CONTRACTOR agrees as follows: '. ,
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<br />a, CONTRACTOR will not discriminate against any employee or applicarit for employment because of race,
<br />creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age, The
<br />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, Such action shall
<br />include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or
<br />recruitment advertisings; lay-ofts or terminations; rates of payor other forms of compensation; and selection
<br />for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to
<br />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 />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 collective
<br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
<br />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
<br />relevant Orders of the Governor.
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<br />d, The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
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<br />City of Idaho Springs and
<br />Citv of Idaho Springs, Colorado, Water Enterprise
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