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<br />"~"'C"'B SPECIAL PROVISIONS
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<br />CONTIWLLER'S APPROVAL
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<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the Stale 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 A.VAlLABILITY
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<br />2. Financial obligations of the State payable after the current fiscal year are contingent 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 />3. If this conttact involves the payment of more than fifty thousartd dollars for the coomuction. .erection,
<br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavatioD or other public
<br />works fOT this State, the contractor shall, before entering the performance of any such work included in this COIl-
<br />tract, duly execute 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 less than one-
<br />half of the total amount payable by the terms of this contrac:t. Such bond shall be duly executed by a quaJifted
<br />corporate surety, conditioned for the due and faithful perfonnance of the contract, and in addition, shall provide
<br />that ifthe contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pr0-
<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. the surety will pay the same in an amount not exceeding the sum specified in the
<br />bond. together with intel"Cst at the rate of eight per cent 'per annum. Unless such bond., when so required, is
<br />executed, delivered and filed, no claim in favor of the contractor arising under this contract shall 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~l06 CRS, as
<br />amended.
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<br />INDEMNIFlCA.T10N
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<br />4, To t!le extent authorized by law, the contractor shall Indemnify, save and hold hannJess the State. its
<br />employees and agents, against any and all claims, damages, liability and com awards including costs, expenses,
<br />and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon-
<br />tractors, or assignees pursuant to the terms of tItis contract.
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<br />DISCRIMINATION A.ND A.FFIRMATIVE A.CTION
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<br />5. The contractor agrees to comply with the letter 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 required by Executive Order. Equal Opponunity and Mmnative Action,
<br />dated April 16. 1975. Pursuant thereto, the/allowing provisions shall be contained in all State cont~r
<br />sub-contracts. ~?M
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<br />During the performance of this contract, the contractor agrees as follows: Jt--~ :t).
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<br />(1) The contractor will not discriminate against any employee or applicant for e/lJ9I;' because of
<br />race, creed, color, national origin, sex. marital status. religion, anc:esuy, mental or ptl)"si b~or
<br />age. The contractor will cake affirmative action to insure that appliaanlll are employed, and that enf ~
<br />are treated during employment, without regard to the above mentioned. characteristics. Such a n s :(,
<br />include, but not be limited to the following: employment, upgradins, demotion, or transfer. recmitrnen r ~
<br />recruitment advertising; laY-Qffs or tenninations; rates of payor omer forms of compensation; and selec-
<br />tion for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
<br />to employees and applicanl:$ for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non-discrimination clause.
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<br />(2) The contractor will. in all solicitations or advertisements for e1l1Ployees placed by or on behalf of the
<br />contractor, scate that all qualified applicants wilJ 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,
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<br />(3) The contractor will send to each labor union or representative or workers with which he has collective
<br />bargaining agreement or other contract or understanding. notice to be provided by the contracting officer,
<br />advising the labor union Dr workers' representative of the contractOr's committme:nt 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.
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<br />(4) The contractor and labor unions will fumish all infonnation and reports required by Executive Order,
<br />Equal Opponunily and Affinnative Action of April 16, 1975, and t1ythe rules, regulations and Orders of
<br />the Governor, or pursuant thereto. and will permit access to bis boOks, records, and accounts by the con-
<br />tracting agency and the office 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 qualified from full membership rights in
<br />such labor organization, or expel any sucb individual from membership in such labor organization or dis-
<br />criminate against any of its members in the full enjoyment of worle opportunity, because of race, creed,
<br />color, sex, national origin, or ancestry.
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<br />(6) A labor organization. or the employees or memben thereof will not aid, abet, incite, compe.l or coerce
<br />the doing of any act defiDed in this contract to be discriminatory of obstruct. or prevent any person from
<br />complying with the provisions of this contract or any order issued thereunder. or attempt, either directly or
<br />indirectly, to commit My act defined in this contract to be discriminatory.
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<br />395-53.01-1022
<br />Revised 11485
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