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F'o'mti-AGU2B SPECIAL PROVISIONS
<br />CONTROLGER'SAPPROVAL
<br />1, This contract shall not be deemed valid uncil i[ Shall have bzen approved by the Controller of the S[ate of
<br />Colorado ur such assistant as he may designate. This p�ovision is applicablc �o any conuac� involving the pay-
<br />men[ ol money by the State.
<br />FIJND AVAILAB[LITY
<br />2. F�nancial obliga[ions of �he State payable afler the curcent tiscal ycar are ronti�gen[ upon funds (or that
<br />purpose being appropnated, bddgeted and othenvise made available.
<br />BOND REQUIREMENT ,
<br />3. I( [his convac[ involves lhe payment o( more than fifty thousand dollars (or the constructfun, erec[ion,
<br />repair, maintenance, or improvement of any building, road, bridge, viaduct, Wnnel, excava[ion or other public
<br />works fo� this S[ate, [he contrac�or shall, be(ore entering lhe perFortnance of a ny such work included in this con-
<br />vac[, duly execute and deliver to and file with the oflicial whose signawre apPears below for [he Sta[e, a good
<br />and suflicient bond or other acceptable surery to 6e approved by said oflicial �n a penal sum not less than one-
<br />half af tbe mtal amount payabl¢ by the tertns of this contract. Such bond sha�� be duly executed by a qualified
<br />wrporete surety, conditioned for the due and fai[hful peA'ortnance of the contfact, and in addition, shall provide
<br />that if [he contractor or his subCOntractors (ail to duly pay for any labor, matErials, team hire, sus[en�ce, pro-
<br />visions, provendor or other supplies used or consumed by such wntracmr or hii subcontractor in perfortnance oF
<br />[he work connac[ed to be done, the surety will pay the 9�e in an amount not �xceeding the sum speCified in the
<br />bond, together with imerest at the ra[e of eigh[ p¢� ctnt per annum. Unless such bond, when so fequireJ, is
<br />ezewted, delivered and filed, no claim in favor of [he contractor arising un�ler [his contract shall be audited,
<br />allowed or pnid. A cenitied or Cashier's check or a bank money order payable to the Treasurer of the State of
<br />Colorado may be accepted in ��eu of a bond. This p�ovision is in compliance with 38-26-106 CRS, as
<br />amended.
<br />INDEMNIFICATTON
<br />4. To the extent authorized by law, the contracto! shall indemnify, save 1nd hold hartnless the State, i[s
<br />employeBS and agents, against any and all claims, darnages, liability and coun awards including costs, expenses,
<br />and anomey Pees incurted as a result of any act or omission by the contractor, or i[s employees, agenis, subcon-
<br />trac[ors, or assignees pursuant lo [he [erms of this con[racl.
<br />DISCRIMINATION AND AFFIRMATIVE AC'�ON
<br />5. The con[ractor agrees to comply wi[h lhe letter and spirit of the Colorad0 Antidiscrimination Aci oF 1957,
<br />as amended, and other applicable law respec[ing discrimina[ion and unfair en�P�oyment practices (24-34-402.
<br />CRS 1982 Replacement Vol.), and as required by @xecutive Order, Equal Op�rtunity and A�rtna[i�e Action,
<br />dated Apd� � 6, 1975. Pursuattt (herem, !he fol(owing provisions rho(1 be coNai�ed in o!( State contmcls or
<br />sub-contracts. �
<br />Dudng the performance of this contract, the coN�ac[or agrees as follpws:
<br />(I) The contractor will no� discriminate against �y employee or applicant (or employment because of
<br />race, creed, color, national origin, sez, marital sta�us, religion, ancestry, mental or physical ha�dicap, or
<br />age. The contrac[or will take aflirma[ive ac[ion to insure that applicants a re employed, and that employees
<br />are treated during employrPent, without regard lo lhe above men[ioned Characteris[ics. Such aC��on shall
<br />include, but not be limited lo the following: employment, upgrading, demo��oq or transter, recN��men[ or
<br />recruiunent advertising; lay-ofTs or terminations; fates of pay or other fo�ns of compensatioq and selec-
<br />[ion �or training, including apprenticeship. The con[racmr agrees to posl in conspicuous places, available
<br />ro employees and applicanls for employment, mtices to be provided by �be convac[ing o(ficer se�dng forth
<br />provisions of this non-discrimination clause.
<br />(2) The contractor will, in all snlici[ations or advirtisements for employ�es placed by or on behalf of the
<br />contractor, state that all qualified applicants will receive consideration fJr employmen[ withou[ regard [o
<br />rece, creed, color, national origiq sex, man�al stams, religion, ances[ry, men[al or physical
<br />handi�ap, or age.
<br />(3) The contractor will send to each labor union o� representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, notice to be pm��ded by the contrac�ing olTcer,
<br />advising the labor union or �+orkers' representative o( the contractor's committment under the Y-xecu[ive
<br />Order, Equal Opponuniry 3�d A�rtnative Ac[ion, dated April 16, 1975, :Nd of the rules, regulaPOns, and
<br />releVant Orders of Ihe Go�emor.
<br />(q) The contrecmr and labor unions will fumish aU in(ormation and repoM1S required by Executi�e Order,
<br />Equal Opportuniry and Atfl�natice Action of qpd� 16, 1975, and by the Nles, regulations and Orders of
<br />the Governor, or pursuant thereto. and will pertnit access to his books, records, and accounts by the con-
<br />nacting agency and the office of ihe Govemor or his designee for purposes of investigation to ascenain
<br />compliance with such mle5, regula[ions and orders.
<br />( 5) p labor organization wi�l mt ezclude any indiv�dual otherwise qualifitd from full membershi� ��gh1s in
<br />such labor organiza[iun, ur expel any such individNal from membership iP such labor organiza[ion or dis-
<br />edmina[e against any ol its members in the full enj�ymen[ of work opponunity, because of raCe, ereed.
<br />color. sex, nalional ongin, or ancestry.
<br />(6) A ��bor organization, o� [he employees or members thereof will no� aid. abet, incite, compel or coerce
<br />the doing ol any act defined in [his contrac[ [o be disenminatory or obsutict or preven[ any person from
<br />complying wi[h the provisions of this contrac[ or any order issued thereunAer; or attemp[, either direcdy or
<br />indirECtly, Io commit any ac[ defined in this contract to be discrimina[ary.
<br />395-53-01-102?
<br />Reviwd I I-�RS Page . 3. o( _ 4 Pages
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