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<br />Form 6.:\C.02B
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVA.L
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<br />1. This conlfact shall not be deem~d valid until it shall have been approved by toe Controller of the State of Colorado or such assistant as he may designate. This
<br />provision is applicable to any contra.ct involving the payment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations oflhe State payable after the current fiscal year are COntingent upon funds [or that purpose being appropriated, budgeted and otherwise
<br />made available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involve::. the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
<br />road, bridge. viaduct, tunnel. excu\"ation or other public works for this State, the C{)ntractor shall, before entering the performance of any such work included in this
<br />-:ontra\:I, duly execUle (lnd deliver to <tnd fil~ \\ ith the otlicial whose signature appears below for the State, a good and sufficient bond orother.acceptable surety to be
<br />arrrnl'"r! by said offi..:L.il in a p..:nal wm nm less than one. half of the total amOUttt payable by the terms of this con~ract. ~~ch bond shall be duly executed by a
<br />4ualitied corporate surety, l.:onJitiont:d ror th~ due anu faithful perfonnance of the contract and in addition, shall provide that if the contractor or his subcontractors
<br />fail 10 duly pay for any l;.:bor, r'l:llerials, team hire, sU5t~nance, provisions, provenuororother supplies usedorcort;Jm~d by suc;:h contractor or his subcontractor in
<br />performance ofth.: work cunlr..II':lcu 10.) be done, the surety will pay the same in an amount nqtexceediriithe sum specified in the bond, together with interest at the
<br />rate of eight per cent per annUlll. Un1\:s$ such bond. when 50 required. is executed, delivered and filed. no claim in favor of the Contractor arising under this contract
<br />shall be audited. allowed or p:iid. A c;:-rtitied or cashier's check or a-baninnoney order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
<br />bond. This provision is in compliance with 38-26-106 eRS. as amended.
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<br />INDEMNIFICATION
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<br />4, To the extent authoriled by law. the contractor shall indemnify, save and hold hamlless the State. its employees and agents, against any and all claims,
<br />damages, liability and court awards induding costS, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees,
<br />agents, subcontractors, or as~ign~~s. pursuant to the terms of this contract,
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<br />DISCRIMINATION AND AFFIR~L-\TIVE ACTION
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<br />5. The contraclor agrees to l:;o.l\ply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amen~d,
<br />uiscrimination and unfairempll:YOlCnt practice~ (24-34-402. eRS 1982 Replacement Vol.), and as required by Executi~ I Opportunity and Affirma-
<br />livc Action, dated April 16, 1975. Pursuant tJu:refU, lh,'jolloldllg prol'isiulH sltalJ be cOlltained in all Stare conIracts ~ cIS.
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<br />During the performance of this Contract, the contractor agrees as follows: A.. % <?~.,~
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<br />I I) The contraClor will not discriminate against any employee or applicant fQr employment because of ra eed. color, nption~l o:~igin, arital status,
<br />rdigiun, an~cstry, melltal or p~ysil.:al handicap, or age, The co~traclor will tak~ affirmative ac~ion to in~ure that e)lJiFants ~te',e~lqyed, ana-t:~,:-. employees are
<br />treated dUring employment, wllhout n~gard to the above mentIOned characteristics. Such action shall mclude, bU~<R1>.e htOlled l$f"t9.Y; _followm~ employment,
<br />upgrading, demotion, or trunsfer, recruitment nr recruilment advertising; lay-oO's or terminations; rates of payor otheriW'rws of cOlnWsation;'ahd selection for
<br />training. induding apprenticeship, The contractor agrees to post in conspicuou~ places, available to employees and appli?pt:s.for employment, notices to be pro-
<br />vided by the contra!.:ting (JOker ~~tting forth provisions of this non.discrimination clause. t /:~\
<br />'.;y~:...
<br />(~) The contractor will, in all solit.:itations or advertiso::ments for employees placed by or on behalf of the contractor, state that all qualified applicants will receive
<br />consiJcration for ~mploYll1ent Without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mentil'"o't physical handicap, or
<br />age.
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<br />(3) The contractor will send to ea.ch labor union or representative of workers \!lith which he has collective bargaining agreement or other contract or understand-
<br />ing. notice to be provided by the contracting ofiicer, advising the labor union or workers' representative of the contractor's commitment under lhe Executive
<br />Order, Equal Opportunity and Aflinnative Al.:tion, dated April 16, 1975, ahd 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 reports required by Executive Order, EqualOpportunity and Affirmative Action of April 16,
<br />1975, and by the rules, regulationli and Orders of the Governor, or pursuant tht::rcto, and will permit accesS to his books. records, and accounts by the contra(;ling
<br />agency and the ofiice of the GO\'ernor 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 orgal1ization, 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 oppottunity, because of race, creed, color,
<br />sex, national origin, or ancestry.
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<br />(6) A labor organization. or the c::mployees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contraCI to be dis.
<br />criminatory or obstruct or prevent any person from compl>'ing with the provi!lions of this contract or any order issued thereunder; or anempt 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 1/88
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<br />puge --.2_ of ,lQ_ pages
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