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<br />Fo� s-ac-uza � SPECIAL PROVISIONS
<br />CONTR�OLLF.R'S r1PPROVAL
<br />l. This contract shall not be deemed valid until rt shall have been approved by the Controller of the State of
<br />l olorado or such assistant as he may designa[e. This prov�sion is applicable to any conVact mvolvmg the pay-
<br />ment of monev bv the State.
<br />N'LJND AVAILABILITY
<br />'_. Financ�al obligauons of the State payable after [he current tiscal year are conGngent upon funds for that
<br />purpose bemg appropnated. budgeted and otherw�se made ava�iable.
<br />BOND REQUIREMENT
<br />3. If this convact invohes the payment of more than fifty thousand dollars for the construction, erection,
<br />reQair, mamtenance, or improvement of any building, road, bridge, viaduct, tunnel, excavauon or other publ�c
<br />works for this State, the con[ractor shall, before entering the performance of any such work included in this con-
<br />tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good
<br />and sutTic�ent bond or other acceptable surety to be approved by said official in a penal sum not less than one-
<br />half of the wtal amount payable by the terms of this contract. Such bond shaA be duly executed by a qualified
<br />corporate surety. conditioned for the due and faithful perf'ormance of the contract, and in addition, shall provide
<br />that it che contractor or his subcon[ractors fa�l to duly pay for any labor, materials, team hire, sustenance, pro-
<br />visions, provendor or other supplies used or consumed by such contractor or his subcontractor m performance of
<br />the work contracted to be done, che surery will pay the same in an amount not exceeding the sum specified in the
<br />bond, together with interest at the rate of e�ght per cent per annum. Unless such bond, when so required, is
<br />zxecuted, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited,
<br />allowed or pa�d. 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 prov�sion is in compliance wrth 38-26-106 CRS, as
<br />amended.
<br />INDEMNIFICATION
<br />4. To the extent authorued by law. the contractor shall indemnify, save and hold harmless the State, its
<br />employees and agents, against any and all clazms, damages, liability and court awazds including costs, expenses,
<br />and attorney fees incurted as a result of any act or omission by the contractor, or its employees, agents, subcon-
<br />tractors, or ass�gnees pursuant to the terms oF this contract.
<br />DISCRIMINATION AND AF'FIftMATIVE ACTION
<br />S. The contractor agrees to comply with the letter � he Colorado Antidiscnmmation Act of 1957,
<br />as amended, and other applicable law respecun'�������i t nd unfair employment pracuces (24-34-402.
<br />CRS 1982 Replacement Vol.l, and as required b e rder, E�Opportumty and AtFrmative Action,
<br />�lated Apnl 16, 1975. Pursuant lhereto, the following � sh be contained in all State contracts or
<br />sulrcontracls. r
<br />Durmg the pertormance of �his conv t, t c actor agrees as tollows:
<br />f l) The contractor wJl not discnminate against any employee or applicant for employment because ot
<br />race, creed, color, nauonal ongin, sex, marrtal status, religion, ancestry, men[al or physical handicap, or
<br />age. The contractor will take atTirmative action to insure that applicants ue employed, and that employees
<br />are treated during employment, w�thout 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 advertising; lay-otFs or terminations; rates of pay or other forms of compensation; and selec-
<br />[�on tor trainmg, including apprenticeship. The contractor agrees to post in conspicuous places, available
<br />[o employees and applicants for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non-discnmmatton clause.
<br />(2) The convactor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />wntractor, state that all quahfied applicants will receive consideration for employment without regard to
<br />race, creed, color, national ongin, sex, marital status, religion, ancestry, mental or physical
<br />handicap, or age.
<br />( 3) The contractor wiU send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or other conaact or understanding, notice to be provided by the contracting otlicer,
<br />advismg the labor union or workers' representative of the contractor's committment under the Exewtive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Govemor.
<br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
<br />Equal Opportumty and ARirtnarive Acuon of r,pril 16, 19 i�, and by the rules, regulatiuns and Orders oF
<br />the Govemor, or pursuant thereto. and will pertnit access to his books, records, and accounts by the con-
<br />tract�ng agency and the oftice of the Govemor or his designee for purposes of investigadon to ascertain
<br />compliance with such rules, regulanons and orders.
<br />(.i ) A labor organization will not exclude any individual otherwise qualified from full membership rights in
<br />such labor organization, or expel any such individual from membership in such labor organization or dis-
<br />cnminate agamst any of its members in [he full enjoyment of work opportunity, because of race, creed,
<br />color, sex, national ongin, or ancestry.
<br />1 b) A labor orgamzation, or the employees or members thereof will not aid. abet, incite, compel or coerce
<br />the doing of any act defined in this contract to be discriminatory or obswct or prevent any person from
<br />complymg with [he prov�sions of this contract or any order issued thereunder, or attempt, either directly or
<br />mdirectly, to commit any act defined m this contract to be discnmmatory.
<br />395-53-01-1022 page _ 10 pages
<br />Rev�sed 11-85
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