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r�.m e-.ac-nt�i .iP,EC'T_.^aL '.'ROVISIONS
<br />CONTROLL: R'S :ii'4'IiOVAL
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<br />L This comraci snatl noi ue deemed vaiid umil it shall have been appmved by the Comroller of �he S[a[e oi
<br />Colorado or �ucn assisiam :is ;;e may desienaiz. Tnis provisiun is applicahle [o any convaci involving ihe pay-
<br />ment ol money by ttic �mte.
<br />F[JND AVAIY.e181LITY
<br />2. Yinanciul oblrc�ucns „i iha �ta[e payabie uiter the current fiscal yenr are contingent upon lunds (or ihot
<br />pulpose being appropnated I sna o[herwise made available.
<br />BOND REQUIREMENT �
<br />3. If this con[rac� im�olves [he payment of more [han fifty thousand dollars (or the consiruction, erec[ion,
<br />repair, maintenance, or improvement o( any building, road, bridge, viaduct, Wnnel, excavation or aher public
<br />works for this State, the ronvacior shall, befbm entedng the pedormance o( any such work included in [his con-
<br />trac[, duly execute and delirer w and file wiih the otTicial whose signamre appears bclow for [he Sta[e, a good
<br />and sulTcient bond or oiher acceptable surety to be approved by said oFlicial in a penal sum not Iess than one-
<br />half o( �he mtal amount payable by the terms of this contract. Such bund �hall be duly executed by a qualified
<br />corpora[e surety, conditioned for Ihe due and faithful performance of the contrect, and in addition, shall provide
<br />tha[ if the contrac[or or his su6contractors lail to July pay for any labor, materials, team hire, sustenance, pro-
<br />visions, provendor or olher supplies used or consumed by such con[rector or his submntractor in perfonnance ol'
<br />[he work convacced to be done, the surery will pay the same in an amoun[ not exceeding the sum speci�ied in the
<br />bonQ [oge�her wieh intcrev a[ the rate ol eight per cent per nnnum. Unless such bond, when so require4 is
<br />exew[ed, Jelivered and IileJ, no claim in favor ot the contractor arising under this contract shall be audited.
<br />allowed or paid. A tertified oroashier's check or a bank money order payable to the Treasurer of [he $tate oP
<br />Colorado may be accepted in lieu o( a bond. This provision is in compliance with 38-26-106 CRS, as
<br />amended.
<br />INDEMNIFICATTON
<br />4 To the extent authorized by law, the contractor shall indemnify, save and hold hartnless [he S[u[e, its
<br />employe:s and agen[s, against any and all claims, damages, liability and wurt awards including costs, expenses,
<br />and a[[orney lees inwrred as a result of any aa or omission by the cuntrec[or, or its employees, agen[s, subcoo-
<br />traclors, or assignees pursuant to the lerms ol [his contract.
<br />AND AFPIRMATIVE ACTION
<br />5. The con[ractor a�{ees to comply with [he letter and spirit of the Cobrado Antidiscrimination Ac[ of I957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (2J-34-402.
<br />CRS 1982 Replacemen[ Vol.), and as reyuired by Execu[ive Order. Equal Opportunity and AlTirtnative Action,
<br />da[ed April 16, 1975. Pursuont lherero, the foffowing provisions shaf( be con(ained i�i al! Smte contmcts or
<br />subcontracts.
<br />During the ped'ormance o( this contract, �he contractor agrees as lollows:
<br />( I) The contractor will not discriminate against any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, marital staws, religion, ancestry, mental or physical handicap, or
<br />age. The contractor will take affirmative action to insure that applicants are employed, and tha[ empluyees
<br />are treated during employmenl, wilhout regard tu the above mentioned characteristics. Such action shall
<br />include, but not be limited to the (ollowing: employment, upgrading, demotion, or trans'ter, recmitment or
<br />recruitmen[ advertising; lay-o1Ts or terminations; rates of pay or other torms of compensation; and selec-
<br />tion (or training, including apprenticeship. The con[ractor agrees to post in conspicuous places, availeble
<br />m employees and applicana tor employment, notices to be provided by the con[racting officer setting torth
<br />provisions of this non-discrimination clause.
<br />(2) The convactor will, in all solicitations or advettisemems for employees placed by or on behal( of the
<br />contracmr, sta[e that all qualified applicants will receive consideration for employmen[ without regard to
<br />race, creed, color, na[ional origin, sex, marilal status, religion, ancestry, mental or physical
<br />handicap, or age.
<br />(3) The con[racmr will send [o each labor union or representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice m be provided by the contracting ofiicer,
<br />advising the labor union or workers' representative o( [he con[rec[or's commitunent under the Executive
<br />Order, Equal Opponunity and A�rmative Actioq dated April 16, 1975, and of the rules, regulaiions, and
<br />relevant Orders of the Govemor.
<br />(4) The contractor and labor unions will (umish all in(ormation and reports required by Executive Order,
<br />Equal Opportunity and AfTrtnative Action of Apnl 16, 1975, and by the rules, regulations and Orders of
<br />the Governor, or pursuant thereto. anJ will permit access to his books, records, and acmunts by the mn-
<br />tracting agency and the olfice of the Govemor or his designee for purposes of' investigation �o ascenain
<br />compliance with such rules, regulations and orders.
<br />(5) Alabororganizaiionwillnotexcludeanyindividualothenvisequalitiedfromfullmembershiprighlsin
<br />such labor organization. or expel any such individual Irom membership in such labor organization or dis-
<br />enminate xgainst am ul' its members in the lull enjoymem of work opportuni�y, because of race, creed.
<br />color, sex. national oriein, or ances�ry.
<br />(6) � labor oreanizaiion, or �he empluyezs or members �hercof will not aid, abet, incite, compel or coerce
<br />ihe doing oi any ace detined in this convac� to be discrimina[ory or obswc� or prevent any person from
<br />complyine with the provisions of chis convac[ or any order issued ihereunder: or auempt, either directly or
<br />indirecUy. to commit any act defined in [his conlract [o be discriminatory.
<br />395-53-01-1022 pagc 7_ ol 8_ pnges
<br />Revised 11-35 '
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