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<br />I <br />f <br /> <br />~ <br /> <br />SPECIAL PROVISIONS <br /> <br />Farm 6."C.IlZn <br /> <br />COr-.TROLLETI'S AI'l'IWV AL <br /> <br />I, This contract shall not he decmed valid until it sh~1I have been approved hy the Com roller of the State of <br />Colorado or such assiStant as he m<l" desi~nate. This provision is applicable 10 any contract involving the pay- <br /> <br />ment of money by the Stale, <br /> <br />FUND A V AILAlHLIT'Y <br /> <br />2. Financial obligallons of thc Slate payahle after thc currem Ilscal yem ~rc comingenl upon funds for that <br />purpose being appropnated. budgeted and olherwlse made availabie. <br /> <br />BOND REQUIREr.m!'."I' <br /> <br />3. If this contraCI involves the payment of more than Ilfty thousand dolbrs for the construction. erection. <br />repair. maintenance, or improvemenl of any building. road. bridge. viaduct. tunnel. exca\'ation or other public <br />works for this State. the contractor shail. before emering lhe performance of any such work included in this Clln, <br />tract. duly execute and deliver to and lilc wilh the official whose signature appe<lrs below for the State. a good <br />and sufficient bond or other acceptable surety to he approved by said orTlcial in a penal sum not less than one. <br />half of the total amoum payable hy the terms of Ihis comract. Such bond shall he ciul~' executed by a llualilieu <br />corporate surety. conditioned for the duc and faithful performancc of lhc comract. Hlld 111 aduitinn. shall provide <br />that if the contractor or his subcontraClors fail to duly nnv lahor. malerials, leam hirc. sustcnance. Pi'll" <br />visions. provendo,r or other supplies used or c" . h' Ilnlractor or his suhc(,ntractor 111 performance of <br />the work contracted 10 be done. the surety will y an amount not exceeuinglhe sum srecilied in lhe <br />bond. together With interest a\ thc r,ate of ei.!l t per,cenl per~l .' Unless such hond, whcn so, requireu, is <br />executed. delivered and liled. no claim m'n, f v of,:cii1'n~~, ursi 19 under Ihis contract shall he auuileu. <br />allowed or paid, A cenilied or eashler's ' 1 r a ,k~Jn, er rayahle 1(1 the Treasurer 01 the Slate of <br />Colorado may be accepted in lieu of . T lIS rrovislon IS in cllrnrliance wilh 38.26-106 cns. liS <br />amended. <br /> <br />INDEMNIf'lCATJ ON <br /> <br />4. To tne eXlem 2utnOnz.eC l'y i~\V. lhc contractor sh~1i indemnify. save Hnd hold ilarmie~s the Slale, its <br />empioyc:s .anc ~~c:n~. ;q:::ms: ~n:.' :lne.: nil cinims. d~n13)!Cs. i:ahililY and court ;:!\\"aruc;; incllltiu1l! CO!HS. e~1"Ien~e~. <br />ane auorncy fees incu:rec as ;; rcsuh or i\t1;' :let or onlission hy the conti"aClOr. or il!- cmploycc~. a~cnts. ~\lncnr.. <br />tractors. or 2SSI~nee~ pursuant to the terms of this contrac:. <br /> <br />DISCRIMINATION AND AFF'lltMATIVE ACTION <br /> <br />5, The contractor agrees to comply wilh the letter and spiril of the Colorado Anliuiscriminalion Act (If 11!5 i, <br />as amended. lInd other applicable law respccting discrimination and unfair employment prnclices (2J-3':-JO~. <br />CRS 1982 Repl:!cement VoLl. and as required by Executive Oruer. Eaual Opponunit)' and Afflnnative Action. <br />dated April 16, 1975, Pumlol/llilcrclo. rill" follOl\'in<; prol'isions shall be conlallll'd in o!/ Slale contraCls or <br />sulrconrracls- <br /> <br />During the performance .of this contract. the contractor agrees as lo\ll''''s: <br /> <br />( I) The contractor .....ill not discriminate against an)' employee or applicant for employment bec;Juse of <br />race. crecd, color. nation:!1 origin. sex, marit:!1 status, religion. ancestry, mental or physical handicap. or <br />age. The contractor .....ill take afflnnative action to insure that applicantS arc employed. and that employees <br />are treated during employment. .....ithout reprd to the above mentioned characteristics, Such action shall <br />includc, hut nOI bc limited to the f(,\Iowing: emr1oyment, upgrading. demolion. or transfer, recruitment or <br />recruitment advenising: i~)'-orrs or lerininations: rates of payor other forms of compensation: and sclec- <br />tion for training'. inciudmg aprrenticeship. Thc contraCLOr agrees to post III conspICUOus places. available <br />to ernrloyees and applicants for eml"loymcnl. notices to be provided by the contracting officer selling fonh <br />provisions of this nun-discrimination clause. <br /> <br />(2) The conlractor will. in all solicitations or advertisements for employees placed by or on behalf of the <br />contractor. state thaI all qualilied appiicants will receive consideration for employment without regard to <br />race. creed. color. national origin. sex. marital status. rcligion. ancestry. mental or physical <br />hantiic;'lp, or age. <br /> <br />(.'\) The contraClor ",ill send w each labor union or reprcsentative or workers with which he has collective <br />hargaining ~greement or olher contract or understanding, notice to be provided by the contracLlng officer. <br />advising the labor union or workers' representative of the contractor's commlllment under the Executive <br />Order. Equal Opponunity and Afflnnallve Action. dated April 16. 1975, and or the rules. regulations. and <br />relevant Orders of lhc Governor. <br /> <br />(4) The comractor 31nd lahor unions will furnish aii information and repons required by Executive Order, <br />Eqllal Opponunity and Affirmative Action of April 16. 1975. and by the rules. reguiations and Orders of <br />lhe Governor. or rursuanllherelo. and will permit acceSS to his bOOKS. records. ane accounts by the con- <br />tracting agency and the office of lhe Governor or his designee for purposes or investigation-to ascenaln <br />compliance with such ruies. regulations and orders. <br /> <br />(5) A labor organi7.ation will nOl exclude any individual otherwise oualifled from fuli mcmbership rights 10 <br />such labor organization, or expel any such individual from membership in such labor organization or dis. <br />criminale against ~ny of its members in lhe full en,ioymeni of work opportunity, because of race, creed. <br />color, sex. nallonal origin, or ancest'}', <br /> <br />(6) A labor organization. or the emrl0yees or memhers Ihereor \ViII not aid. abcl. incite. compel or coerce <br />Ihe doing of any aCl derllled itf Ihis contract l(l he uiscrimin3lnry or ohstruct or pre\'ent any person Irnm <br />complying wllh the rrovisions orthis contraCI or any order issueu lhcreundcr: or aueml'll. either ulfectly nr <br />indirectly. to commil any :\ct derllled in this Clllllract I'.' he disl'r1IllIlHllory, <br /> <br />395.53-01-1022 <br />Reviscd II-R5 <br /> <br />3 <br /> <br />4 <br /> <br />ptl~CS <br /> <br />"r <br /> <br />pagc <br />