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<br />Fo= '-'C-028 SPECIAL PROVISIONS
<br />CONTROLLER'S APPROVAL
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<br />I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
<br />ment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of (be State payable after the current fiscal year arc contingent upon funds for that
<br />purpose being appropriated, buogelcd and otherwise made available.
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<br />BOND REQUIREMENT
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<br />3. If this conuaet involves tile payment of more than fifty thousand dollars for the construction, erection.
<br />repair, maintenance. or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
<br />works for this State. the contractor shall, before entering the perfonnance of any such work included in this con-
<br />tract, duly execute and deliver to and file with the official whose sigmllure appears below for the Slate. a good
<br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
<br />half of the total amol.mt payable by the terms of this contract. Such bond shall be duly executed by a qualified
<br />corporate surety, conditioned for the due and faithful performance ofihe contract. and in addition, shall provide
<br />that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire. sustenance, pr()..
<br />visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
<br />the work contracted to be done. tile surety will pay the same in an amount not e"ceeding the sum specified in the
<br />bond. together with interest at tile rate of eight per cent per annum. Unless such bond. when so required. is
<br />executed, delivered <lfld filed, no claim in favor of the contractor arising under this contract shall be audited.
<br />'3.UQwedQ~ ?'3.~d. A -.:ert~f'&d {y; -.:i.'S.hi.et'", cneckQt a ba\'\lt. mQ\'\e':f Qtdex pa':fll.b\e to the Treasutet 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.
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<br />INDEMNIFICATION
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<br />4. To the extent authorized by law, the contractor shall indemnify, save jl.nd hold hannless tile State. its
<br />employees and agent.>. against any and all claims, damages. liability and court awards including costS, expenses.
<br />and attorney fees incurred as a re~iUlt of any acl or omission by the contractor, or its employees, agel1ts, subcon.
<br />tractors. or assignees pursuant to the terms of Ihis contract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />S. The contractot agrees to comply with the letter and spirit of the Colorado A.ntidiscrimination A.ct of 1951,
<br />as amended, and other applicable law respecting discrimination and unfair emfJloyment practices (24-34~402.
<br />CRS 1982 Replacement VoL), and as required by Executive Order, Equal Opportunity and Allinnative Action.
<br />dated April 16, 1975. Pursuant thereto, thejoJ/owing prow'sions shall be con/ained ill all State con/racts or
<br />su!rcontracts.
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<br />During the performance of this contract. the conuactor agrees as follo......s:
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<br />(I) The contractor will not discriminate against any employee or applicant for employment because of
<br />race, creed, color. national origin. sex, marital status. religion. ancestry, rnental or physical handicap, or
<br />age. The contractor will take allinnative action to insure that applicants an~ employed, and that employees
<br />arc treated during employment, without regard to the above mentioned dtaracteristics. Such action shall
<br />include. hut not be limited to the following: employment. upgrading. demotion. or tr.msfer, recruitment or
<br />recruitment advertising; lay.-otfs or tenninations; rates of payor other forfTIS of compensation: and selec-
<br />tion for training, including apprenticeship. The contractor agrees to post in conspicuous placeS. available
<br />to employees ar1d applicants for employment. notices to be provided by the contracting onicer setting forth
<br />provisions of tl1is non-discrimination clause.
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<br />p:) ihe contractor win, in a~~ sorlcitations or advertisements for emp\oye~S p\accQ by or on bena\f of the
<br />contractor, state that all qualified applicants will receive consideration fo( employment withot.lt regard to
<br />race, creed, color, national origin. sex, marital status. religion. Jncestry. mental or physical
<br />handicap, or age.
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<br />(3) The contraclOr will send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be prm'ided by the contracting ollicer,
<br />advising the labOr union or \'lurkers' representative of the contractor's ~nJ11miument under the Executive
<br />Order, Equal Opportunity aJ1d Allirmative Action, dated April 16, 1975. a,nd of the rules. regulations. and
<br />relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all infonnation and reportS required by Executive Order.
<br />Equal OpportUl1ity and Am(T11ati\'e Action of April 16. 11)75, and by the rules, regulations and Orders of
<br />the Governor, or pursuant tnereto. and will permit access to his books. records. and accounts by the con-
<br />tracting agency and the offi,e of the Governor or his designee for purposes of investigation to ascertain
<br />compliance with such rules. regulations and orders.
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<br />(5) A labor organization will not exclude any individual otherwise qualifieJ from full membersttip rights in
<br />such labor organization. or expel any such individual from membership in such labor organiza1ion or dis-
<br />criminate against any of its members in the full enjoyment of work oppo{lunity. because of (ace. creed.
<br />color, sex, national origin. or ancestry.
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<br />(6) A labor organization. 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 obstfllct or prevent any person from
<br />complying with the provisions of this contract or any order issued thcreundtr; or attempr. either directly or
<br />indirectly, to commit any act defined in this contract to be discriminatory.
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<br />395-53~OI-I012
<br />Re\ji~~d \ \.&$
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