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<br />F.~ He,,,. SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This contract shall not b~ deemed valid until it shall have been approved by the Controller of the State 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 AVAILABILITY
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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 contract involves the Payment of more than fifty thousand dollars for the construction, erection,
<br />repair, maintenance, or improvemcl),t 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 terms 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, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
<br />the work contracted to be done, the !lurety will pay the same in an amount not exceeding the sum specified in the,
<br />bond, together with interest at the tate 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 HeQ of a bond. This provision is in compliance with 38-26~106 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 hold harmless the State, its
<br />employees and agents, against any and all claims, damages, liability and court 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 this contract.
<br />DISCRIMINATION AND AFJ,'IRMATIVE ACTION
<br />5. The contractor agrees to coml?ly with the letter and spirit ofth'e Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable Ili,W respecting discrimination and unfair employment practices (24-34-402.
<br />CRS 1982 Replacement VoL), and 8.s required by Executive Order, Equal Opportunity and Affirmative Action,
<br />dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or
<br />sulrcontracts.
<br />During the performance of th.is contract, the contractor agrees as tbJlows:
<br />(I) The contractor will not dIscriminate against any employee or applicant for employment because of
<br />race, creed, color, national or~gin, sex, marital status, religion, ancestry, mental or physical handicap, or
<br />age. The contractor will take affinnative action to insure that applicants are employed, and that employees.
<br />are treated during employment, without regard to the above mentioned characteristics. Such action shall
<br />include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
<br />recruitment advertising; 1ay-otrs 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 f{lr employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non-discrirrlination clause.
<br />(2) The contractor will, in all solicitations or advertisements 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 contractor will send to each labor union or representative of 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 or W()rkers' representative of the contractor's committment 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.
<br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
<br />Equal Opportunity and Affilll\ative 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, tegulations and orders.
<br />(5) A labor organization willll.ot exclude any individual otherwise qualified from full membership rights 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.
<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 discriminatory or obstruct or prevent any person from
<br />complying with the provisions ofthis 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 />Revised 11-85
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