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<br />i.: . ' <br />,,~"'C"'. '.lA.L PRonSIONS <br />CO!\'TROLLEI:'s APPRO"AL <br /> <br />, "" <br />, , <br />'L".;I <br /> <br />. <br /> <br />I. This contract shall not he deemed valid until it shall have been approved b~' the Controller Oflf1e Slatt' of <br />Colorado or such assistant as he may designate. This provIsion IS applicable 10 any contract In\'oh"ing the pa~. <br />men! of money by the State. <br /> <br />FU!\"D A VAILAIllLITl' <br /> <br />2. Financial obligations of the State payable after the current fiscal year are conting.ent upon funds for that <br />purpose being appropriated. budgeted and otherwise made available. <br /> <br />1l0ND REQffiREUE!\'T <br /> <br />3. If this contract involves the payment of morc than fift~' thousand dollars for the construction, erection. <br />repair. maintenance. or improvement of any building. road. hodp-c. viaduct. tunnel. exca\'ation or other public <br />works for this Slale. the contractor shall. before entering the pcriormance of any such war\; included in this con- <br />tract duly execute and deliver to and file with the official whose siplature appears below for the Sate. a good <br />and sufTIclenl 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 contraCL Such bond shall be riul)' executed by a qualified <br />corporate surety, conditioned for the due and faithful performance of the contract. and in addlllon. shall provide <br />that if the cono-actor or his subcontractors fl!ilto duly pay for MY labor. materials. team hire. sustenance. pro- <br />Visions, provendor or other supphes used or consumed by such contractor or his subcontractor in pcriormance of <br />the work contracted to be done. the surety will pay the same in an amount nOl exceedmg the sum specified in the <br />bond, together with imerest 8t the rate of eif:.ht per cent per annum. Unless such bone.. ~'hen 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 II 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 3&.26-106 CRS. as <br />amended. <br /> <br />INDEMNIFICATION <br /> <br />4. To the eXtent authori2ed by law. the contractor shall indemnify. save and hold hannless the Stale. itS <br />employees and agents. against any and all claims. damages.liabilit)-. and coun awards Including costs. expenses, <br />and anome)' fees incurred as a result of any act or omission by the contractor. or its empio~'ees.. agentS, subcon- <br />tractors, or assipnees pursuant to the tenns of this contraC".... <br /> <br />DISCRlMINATIOJ\ AND A.FFlRMATfl'E ACTION <br /> <br />5. The contra.:tor a,p'ees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 19Si. <br />as amendec. ami other applicabie law tespectin~ oiscrimir.:::.uon and unfair employment practices (24.3"-40~. <br />CRS 19&2 Replacement VoL). and as required by Executive Order. Equal Opponunity and Afiumati\'e Action, <br />dated April 16. 1975. Pursuant Inerelo, lheJoIio'l1'inC provisions sha/J be cOnlainea' in all Slale COnlraClS or <br />suircOnlraclS. <br /> <br />Durin~ the petfonnance of this contra=t. the contractor a~rees as follows: <br /> <br />(1) The contractor will not discriminate against any empioyee or applicant for employment because of <br />race. creed. color. national ori~m. sex. marital status. religlOr.. aJ'Icestry. mental or physical hanoicap. or <br />8!!t. The contractor will take afimnative action to insure tha~ applicants are empl~yed. and that employees <br />are treated duting employment without regard to the aoove mentioned characteristics. Such action shall <br />include. but nOt be limited to the foliowing: empJoymen:.. upgrarim:;.. demotion. or transier. recruitment or <br />recruiunent advenisinr:.: lay~orrs or terminations: rate!> of payor other forms oi compensation: and seiee. <br />tion for trainin~ includin~ apprenticeship. The contraclO~ agrees to post in conspicuous places. a\'ailabie <br />to employees and applicants ior employmem. nOlices to be pro\'ided by the contracting offlcer selling foni: <br />pro\'isions of this non-discrimination cia use. <br /> <br />(2) Tne conL""actor will. in all soli:itations 0, advertisements fa; employees placec r.y 0; on behalf of the <br />contra:to:. s:..ate that al1l:!ualified applicants will receive consirieration ior emoioyment without reg.arc to <br />rac~. creed. color, nauonal origin. sex, marital status. relig.lon, ancestry. mental or physical <br />hanol:ap, or age. <br /> <br />(3) The contractor will send to each iabo; union o!' representative of workers with which he has collective <br />bargaininf, agreement o~ Other contract or understanom~. notice to be provided by the contracting office:. <br />ach'ising the labor union or workers' represem.at!\'t of tnt' contractor's commltunenl under the Executive <br />Ord:::. Eoual Oooo:1.unJn' and Affim:atiVt ACtion. datec Aoril16. 1975. and of the ruies. re!:!ulalions. and <br />relevan~ Orders' ~f the Governor. . -- <br /> <br />(4) The contractor ancllabor unions will furnish all infonnation and repons required by Executive Order. <br />Equal Opponunity and Affirmative Action of April 16. 1975, and by the rules. regulations and Orders of <br />the Govemo:, or pursuant thereto. and will permit access \0 hiS books. records. and accounts by the con. <br />tracung agency and the offJce of the Governor or his aesl&mee for purposes of investit:,ation to ascenain <br />comphance with such ruies. re?ulatlons and orders. <br /> <br />(5) A labor or1!anlzation will not ex:::lude any inol\'idual otherwise qualified from full membership rig.hts in <br />such labor oq;ani2.3tion. or expel any such individual from membersnip in such labor orfani2ation or dls~ <br />criminate agalnSl any or itS members in the full enjoyment of war\; opronunlty. because of race. creed. <br />color. sex. national orif!in. or ancestry. <br /> <br />(6) A labor orf-anization. or the employees or memhers thereofwi11 not aid. abet. incite. compel or coerce <br />the doing of any act dermed ir. this ContraCl to be dlscrimmatory or obStruct or pre\'ent any person from <br />complymg with the nrovisiom of this cOntract or any orjc~ issued thereunder: or attempt. either directly or <br />indirectiy. to commit an;. act dermed in this cont~ac, to be discnminalOry. <br /> <br />?9S.5:..0]~]O::' <br />Rc\'ised J [.85 <br /> <br />rage <br /> <br />3 <br /> <br />or ' <br /> <br />r<.!~es <br />