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<br />F.~6-AC-",8 SPECIAL PROVISIONS
<br />CONTROLLER'S APPROVAL
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<br />I. This contract shall not be 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 liseal 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 tifty thousand dollars for the construction, erection,
<br />repair, maintenance. or improvement of any building, road. bridge, viaduct, tunnel, excavation or other public
<br />works tor this State, the contn.1ctor shall. before entering the performance of any such work included in this con-
<br />tract, duly execute and deliver to and liIe with the official whose signature ttppears below for the State. a good
<br />and sufficient bond or other aCceptable surety to be approved by said olTicittl in a penal sum not less than onc-
<br />half of the lotal 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 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 such bond. when so required. is
<br />executed, delivered and filed, nO claim in favor of the contractor arising urlder this contract shall be audited,
<br />allowed or paid. A cenified of cashier'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 />INDElIINIFICATION
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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.
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<br />DISCRIMINATION AND AFFIRI\IATIVE 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 Opponunity and Aflirmative Action,
<br />dated April 16, 1975. PursuQl1f rhereto, rhelollowing provisions shall be contained in all Stare contracts 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 contractor will 110t discriminate against any employee or applicant for employment because of
<br />race, creed, color, national origin. sex, marital status, religion, ancestry, mental or physical handicap, or
<br />age. The contractor will tllke atlinnative 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, recruitrl1ent or
<br />recruitment advenising; lay-olTs 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 applicaJlls for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non-di,crimination clause.
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<br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor. state that all qualilied 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) 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 pfovided by the contracting QtTIcer,
<br />advising the labor union or workers' representative of the contractor's commiUment under the Executive
<br />Order. Equal Opponunit}' and Aflirmative Action, dated April 16, 1975, and ohhe rules, regulations, and
<br />relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order.
<br />Equal Opponunity and Ailinnati\"e A~{ion 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 ascenain
<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 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 opponunity, 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 discriminatory or obstruct or prevent any person from
<br />complying with the provisions of this contract or any order issued [hereunder; or auempt, either direccly or
<br />indirectly. to commit any act detined in this contract to be discriminatory.
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<br />395-53-01-[022
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