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<br />F_ IIi-AC.rta
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />L This contract shall not be deemed valid until it shall have been approved by the ControHer of the State of
<br />Colorado or such assiSWlt as he may designate. This provision is appJicable to any contraCt involving the pay-
<br />ment of money by the SUIte.
<br />FUND AVAILABILITY
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<br />2. FinanciaJ obligations of the State payable after the current fiscal year are conungem upon funds for that
<br />purpose being appropriated. budgeted and Otherwise made available.
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<br />BOND REQUIREMENT
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<br />), If this contract involves the payment of more than fifty thousand dollars for the construction; erect.ion.
<br />repair. maintenance. or improvement of any building, road. bridJe, viaduct. tunnel. excavation or other public
<br />workS for this State. the contractor shalL before entering the performance of any such work included in this con-
<br />tract.. duly execlJt.e and deliver to and file with the official whose signature appears below for the State. a good
<br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not JeSS than one-
<br />half of the total amount payable by the t.enns of this COntracL Such bond shall be duly execut.ed by a qualified
<br />corporate surety, conditioned for the due and faithhil pcrforma.nce of the contract. and in addition. shall provide
<br />that if the contractor or his sUbcontrae1Drs fail to duly pay for any labor, materials. team hire, sustenance, p~
<br />vi~ons, provendor or other suP.R!in used or consumed by such Contractor or his subcontractor in performance of
<br />the work contracted to be done, the surety will pay the same in an amount not exceeding tbe sum. specified in the
<br />bond. together with interest at the rate of eight per cent per annwn. Unless such bond. when so required. is
<br />executed. delivered and filed. no claim in favor of the contrac;tor arising under this contract sball be aul;1itcd..
<br />allowed or paid. A cenified 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~J06 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 and bold harmless the State, ju
<br />employees and a$ents. againSt any and all claims, damages, liability and cOUrt awards including cOSts. expenses,
<br />and anomey fees incurred as a resull of any act or omission by the contractor. or itS eiXlployees. agents, subcon-
<br />tractOrs, or assig:nees pursuant to the terms of this contract.
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<br />DISCRIMINA1'ION AND AFFIRMATIVE ACTION
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<br />5. The conuactor agrees to comply with the Jener and spirit of the Colorado AntidiScrimination Act of 1957,
<br />as amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402.
<br />CRS 1982 Replacement VoL). and as r~uired by E%ecutive Order. Equal Oppornuury and Affil'T11arive Action.
<br />dated April 16. 1975. PursUllTU Iherero. IhefoIlowing provisions shall be comained in all SUll~ concraca or
<br />~co1ll11Jcu.
<br />During the performance of this contnl.ct. the contnlctor agrees as follows:
<br />{I} The co[l.tractor wiJl not discriminate agai1lS1 any employee: or applicant for employment because of
<br />race, creed., color, national origin, sex. marital statuS, religion. anCeStI)'. mental or physicaJ handicap, or
<br />age. The contractor will take affumative action to insure tbat applicants are employed. and tbat employees
<br />are treated dUring employment. without regard to the above mentioned characteristics. Such action shall
<br />iJlclude, but nOl be iimit-ed to the following: employment. l!pgrading., demotio", or transfer. rccIUieneat or
<br />rccruiunent advertising; lay.offs or terminations: raICS of payor other forms of compensation: and seleC-
<br />__ lion for training, inch,!djng apprenticeship. The contracwr agrees to post in conspicuous places. available
<br />to employees and applicantS for employment, notices to be provided by the contra.cting officer sening forth
<br />provisions of this non-4iscrimination clause.
<br />(2) The conuactor will, in all solicitations or advenisements for employees placed by or on behalf of the
<br />contractor. state that all qualified applicants will receive consideration for employment without regard to
<br />race. creed, color, national origin, sex, marital statuS, religion, ancestrY. mental or physical
<br />handicap, or age.
<br />(3) The cont.rac:torwiJl send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or other conrract or understanding, notice to be provided by the contracting officer,
<br />advising the labor union or workers' represenUltive of the contractor'S comminment under we Executive
<br />Order, Equal Opponunity and Affirmative Action. dated April 16, 1975. and oEwe rules. regulations. and
<br />relevant Orders of the Governor.
<br />(4) The contractor and labor unions will furnish all information and repons required by Executive Order, -
<br />Equal Opportunity and Affirmative Action of April 16. 1975, and by the rules. regulations and Orders of
<br />the Governor. or pursuant thereto. and will permit access to his books. records. and accounts by the con-
<br />tracting agency and the office of me Governor or his designee for purposes of investigation to ascenain
<br />compliance with such rules, regulat.ions and orders.
<br />(5) A labor organization will not exclude any individual otherwise quaJified from full membership rightS in
<br />such Jabor organization. or expel any such individual from members nip in such labor organization or dis-
<br />criminate against any of itS members in the full enjoyment of work opporrunity, because of race, creed.
<br />color. sex. national origin, or anceStI)'.
<br />(6) A labor organization. or the employees or members thereof will nol aid. abet. incite. compel or coercc
<br />tbe doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
<br />complying with the provisions of this COntract or any order issued thereunder: or aUempl, either directly or
<br />indirectly, to conunit any act defined in this contract to be discriminatory,
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<br />395-53'()1-102i
<br />Revised I J -85.
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