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<br />SI-tlAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
<br />I. This contract shall not be deemed valid until it shall have been approved by the Controller orthe State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving lhe pay-
<br />ment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations oCthe 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 contract involves the payment of more than fifty thousand dollars for the construction, erection,
<br />rep<lir, 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 performance of any such work included in this con-
<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 tenns of this contract. Such bond shall be duly executed by a qualified
<br />corporate surety, conditioned for the due and faithful performance of the 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, pro-
<br />visions. provendoror 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 interest at the rate of eight per cent per annum. Unless sUl;h 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. ^ certified or I;ashier'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 38-26-106 CRS, as
<br />amended.
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<br />INIlEMNIFICATION
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<br />4. To the extent authorized by law. the contractor shall indemnify, save and hold hannless the State, its
<br />employees and agenls. against any and all claims, damages, liability and court awards including costs, expenses,
<br />and attorney fees incurred 8S a result of any act or omission by the contractor, or its employees, agents, subcon.
<br />tractors, or assignees pursuant to the terms of this contract.
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<br />mSCRlMINATlON ANIl AFFIRMATIVE ACTION
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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 Opportunity and Affinnative Action.
<br />dated April 16, 1975. Pursuant thereto, theJolloll'illg provisions shall be co1ltailled in all State co1ltracts or
<br />sub-contracts.
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<br />During the performance of this contract, the contractor agrees as follows;
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<br />(I) The wntractor will not discriminate against any employee or applicant for employment because of
<br />race. I;reed. color. national origin. sex, marital status. religion. ancestry, mental or physical handicap. or
<br />age. The contractor will take affirmative action to insure that applicants are employed, and that employees
<br />are treated during employment. without regard to the above mentioned charaderistics. Such action shall
<br />include, but not be limited to the following; employment upgrading. demotion, or transfer, recruitment or
<br />recruitment advertising: Jay-ofTs or terminations: rates of payor other forms of compensation; and selec-
<br />tion for training. including apprenticeship. The contractor agrees to post in conspicuous places. available
<br />to employees and applicants for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this nOll-discrimination clause.
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<br />(2) The contractor will. in all solicitations or advcrtisements for employees placed by or on behalf of the
<br />contrador, 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.
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<br />(3) Thc contractor will send to each labor union or represcntative of workers with which he has collective
<br />bargaining agreement or other contract or understanding, n&tice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's commiltmenl under the Executive
<br />Order, Equal Opportunity and Affinnative 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 furnish all infonnation and reports required by Executive Order,
<br />Equal Opportunity and Affirnlativc 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 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 membcrshiprights in
<br />such labor organization. or expel any such individual from membership in such labor organization or dis--
<br />criminate against any of its members in the full enjoyment of work 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 members thereof will not aid, abet, incite, compel or coerce
<br />the doing of any act defined in this contract to be discriminator)' or 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 any act defined in this contract to be discriminatory.
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<br />395-53.01-1022
<br />R('\'i~cd ll-RS
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