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<br />...~ ,..c-o,. \i,,/' eEClAL PROVISIOl'1lol'
<br />COJlo'TROLLER'S APPROVAL
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<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the Stale 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 Slale payable after the current fiscal year are contingent upon Cunds for that
<br />purpose being appropriated, budgeted and otherwise made available.
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<br />BOND REQUIREMENT
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<br />3. Ir this contract involves the payment of more than fifty thousand dollars for the construction, erection,
<br />repair, maintenance, or improvement of any building. road, bridge, viaduct. tunnel, excavation or other public
<br />works for this State, the contractor shall, before entering Ute perfonnance 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 tenos of this contracl Such bond shall be duly executed by 8 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 no\ 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 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 lieu of a bond. This provision is in compliance with 38-26.106 eRS, as
<br />amended.
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<br />INDEMNIFICATION
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<br />4. To the extent authorized by Jaw, 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 as a result of any act or omission by the contractor, or its employees, agents, subcon-
<br />traclors, or assignees pursuant to the terms of this contract.
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<br />DISCRIMINATION AND 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 Vo!.), and as required by Executive Order, Equal Opportunity and Affirmative Action,
<br />dated April 16, 1975. Pursuant rherero, rhe/ollowing provisions shall be conrained in all Srate conrracLt or
<br />sU~conrracts.
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<br />During the perfonnance of this contract, the Contractor agrees as follows:
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<br />(1) The contractor will not 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 take affirmative action to insure that applicants are employed, and that employees
<br />are treated during employment, without regard lo the above mentioned characteristics. Such action shall
<br />include. but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
<br />recruiunent advertising; lay-ofTs or terminations; rates of payor other fonns 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 />pro\'isions of this non-discrimination 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 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) 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 workers' representative of the contractor's commitunent 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 Curnish all information and reports required by Executive Order,
<br />Equal Opportunity and AfIinnative Action of April 16, 1975, and by the rules, regulations and Orders of
<br />the Governor, or pursuant thereto. and wiJI.pennit 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 nol exclude any individual otherwise qualified from full memb~rship 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. natidnal 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 thereunder, or attempt. either directly or
<br />indirectly, to conunit 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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