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Fo,fl, s-~c~izs SPECIAL PROVISIONS <br />CONT'ROLLER'S APPROVAL <br />1. This convact shall not be deemed valid until is mall have'oeen appro~ed'by the Convoller of the State of <br />Colorado or such assistant as he ma} desiena[e. Tnu provision is applicable to an}" convac: im~oi~ ing the pay- <br />ment of money by the State. <br />~,^~ AVAiLABILIT'Y <br />~. Financial obligations or the Slate payable after [he torten[ fiscal year are conuneen[ upon runds for ma[ <br />purpose beine approonated. budee[ed and o[herwue mace avaiia'bie. <br />BOIv-D REQUIRE:IIE\'T <br />If this convact involves the payment of more than fifty thousand dollars for the cons[rucuon, erection. <br />repair, maintenance, or impro~'ement of any 'buildins. road, bridge. ~•iaduct. tunnel. excacauon or other public <br />works for [his State. the convactor snail. before encenne the penormance or any such wort: included m [his con- <br />vact. duly execute and deliver to and file with the otFiciai whose signature appears below ror [he Stale, a good <br />and sutiicien[ bond or o[he: acceptable surety to be approved by said orFiciai in a penal sum not less than one- <br />haif of the total amount payable by the terms of this convact Sucn bond shall be duly executed by a auaiified <br />corporate surely, conditioneC for the due and faithful oe:iormance of the convact and in addition. shall provide <br />tha[ if the convactor or his subcontractors fail to duly pay for any labor, matenais, team hire, sustenance. pro- <br />visions. provendor or other supplies used or consumed by such convactor or his subconvactor in performance of <br />the work contracted to be done. the surc[y will pay the same in an amount not exceeding [he sum specified in the <br />bond. [o¢ether with interest a[ [he rate of eight per cent per annum. Unless such bond, when so required. is <br />execu[ed. delivered and fried. no claim in favor of the contractor arising under this contract snail be audited. <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 CRS. as <br />amended. <br />L'r'D E l• II`' I F I C ATI O N <br />5. To [he extent authorized by law, the convactor shall indemnify, save and hold harmless the Stale. iu <br />employees and agenu. aeains[ any and all claims, damages, liability and tour, awards including costs. expenses, <br />and anorney fees incurred as a result of any actor ss n' onvactor. or iu emptoyees, agents, suocon- <br />vactors, or assignees pursuant [o the terns of C a <br />DISCRIlIIINATION AND AFFI A <br />orado Antidiscrimination Ac: of '_957, <br />:. The convactor agrees to comply witp~er ,F ~e employment practices ('4-34-502. <br />as amended. and other applicable law res i e sc h o a~.~ r~nity and AtFiiTnauve Action, <br />CRS 1982 Repiacemen[ Vol.l, and as required by Executive Order. Equal Oppo <br />dated April 10. 1975. Pursuant thereto, the jollowin, provisions shall oe contained in a/f Smte contracu or <br />suircontracts. <br />Dunne the performance of this convact the contractor agrees as follows: <br />(1) The convactor will hoc discriminate against any employee or applicant for employment because e: <br />race. creed. color, national origin. sex. marital status. religion, ancestry. mental or physical 'handicap. or <br />aee. The convactor will take affirmative action [o insure that applicanu aze employed. and that employees <br />aze veaced during employment without regard to the above mentioned characteristics. Such action shall <br />include. but not be limited to the followtne: employment upgrading. demotion. or vanst`er. recruitment or <br />recrtii[ment adverzisine: lay-offs or terminations: rates of pay or other forms of compensation: and seiec- <br />[ion (or training, including apprenticeship. The convactor agrees [o post in conspicuous places, available <br />to employees and applicanu for employment. notices [o be provided by the convacting officer sexing forth <br />provisions of this non-discrimination clause. <br />(2) The convactor wilt, in all solicitations or adverzisemenu for employees placed by or on behalf of the <br />contractor. state that all auaiified applicants will receive consideration For employment without regard to <br />race. creed, color, national ohgtn. sex, marital status. reii¢ion, ancestry, mental or physical <br />handicap, or aee. <br />(3) The convactor will send to each labor union or representative of workers with which he has collective <br />bazeaining agreement or other convact or understanding. notice co be provided by the contracting officer, <br />advising [he labor union or workers' representative of the convactor's commitunent 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. <br />(51 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 oC <br />the Governor, or pursuant thereto. and will Permit access to his books, records, and accounts by the con- <br />vactine agency and [he office of [he Governor or his designee for purposes of investigation to ascerzam <br />compliance with such rules. regulations and orders. <br />(;) A labor organization will not exclude any individual otherwise qualified from full membership righu in <br />such labor organization. or expel tiny such individual from membership m such labor organization or dis- <br />cnmmate against any of its members in the Full enjoyment of work opporzunay, because of race. creed. <br />color. sex. national on¢tn, or ancestry. <br />161 A labor organization. or the employees or members thereof will no[ aid. abet. incite. compel or coerce <br />[he dome ot` any act defined in this convact w oe discnmmaton• or obstruct or prevent any person from <br />comnlyme with the provisions of this contractor am' order issued thereuneer. or anempt. either directly or <br />indirectly. to commit an}' act defined in [his convact to be discnmmatory. <br />3y5-..-01-10'_7 page . ~ of _~ pages <br />Rc~'ued I1-35 <br />