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<br />"'onn 6.AC.Olm
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<br />SPECIAL PIWVlSIONS
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<br />CONTROLLEWS APPI\oVAL
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<br />I. This colltract shall /lot be deemed valid until it shalt have been appruvcd by the Conlrollcr llr {Iv.: Slate o(
<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.
<br />
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations of tile Slate payable aller the current fiscal ycnr arc contingcntupoll funds for that
<br />purpose being appropriated, budgeted and otherwise made available,
<br />
<br />BOND REQUIREMENT
<br />
<br />3. If this contract involves the payment of more than fifty thousand dollars lor the collstruclion, crcclion,
<br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tuolJcl, excllvation or other public
<br />works for this State, the contractor shall, before entering the performance of any such work included ill lids con-
<br />tract, duly execute and deliver to and Iile with the official whose signature appears helow for the SliIte, Il good
<br />and sufficient bond or other acceptable surety to be approved by su.id oOicial ill a pcnal SUIll not less lhall OJlC-
<br />half of the tOlal amount payable by the tenns of this contract. Such bont! shall be duly execuled by OJ qllalilicd
<br />corporate surely, conditioned for the due and faithful performance oftile contract, and in Ilddit;cm, sll1lJl provide
<br />that jf the contraclor or his subcontractors fail to duly pay for any labor, owterials, team hire, su.~lt'nallcc. pro.
<br />visions, provendor or other supplies used or consumed by such contractor or his subcontractor ill pCrf{lrIJliHH:e of
<br />the work contracted to be done, the surety will pay the same in an amount not exceeding the sum spccilicd in the
<br />bond, together with interest at the rate of eight per cent per annum. Unless such bond, when ~/l rc\{uj,.,~d, is
<br />executed, delivered and tiled, no claim in favor of the contrnctor arising under this contract shall he audited,
<br />allowed or paid. A certified or cashier's check or a bank mOlley order payable tn the Treasurer of lhe Slale of
<br />Colorado .may be accepted in lieu of a bond, This provision is in complifll1ce with 38-2fd06 CRS. as
<br />amended.
<br />
<br />INDEMNIFICJ\TION
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<br />4. To the extent authorized by law, the contractor shall indcmnify, s;we and huld harmless Ihe State, its
<br />employees and agenls, against any and all claims, damages, liability and cuurt awards including COS[:;, expenses,
<br />and attorney fees incurred as a result of any act or omission by the contractor, or its clllplllyees, agents, subcoll-
<br />traclors, or assignees pursuant to the terms of this contract.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />5. The contractor agrees to comply with the leUer and spirit of Ole Colorado Antidiscrimin;lIillJJ Act of 1957,
<br />as amended, and other applicable law respcctillgdiscrimination and unfair cmployment practices (2'1-3-1-402.
<br />CRS 1982 Replacell1cnt Vol.), and as rcquired by Executive Order, Equal Opportul1ity and Affiruwlivc Ac[i,lI1,
<br />daled April 16, 1975. Pursuant thereto. the followillg provisions shall be contained //1 all State contracts or
<br />sub-colltracts.
<br />
<br />During the performance of this contract, the contraclor agrees as lollo\\'s:
<br />
<br />(I) The contraclor will not discriminate against any employee or applicant for cmploymcnt bccall~'c o(
<br />race, creed, color, national origin, sex, marital stalus, religion, ancestry, mental or physical handicap, or
<br />age, The contractor wi/ltake affirmative action to insure that applicants arc employed, aod thaI cmployees
<br />arc 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, recruitmcnt PI'
<br />recruitment advertising; lay-otfs or tcnnillutions; ratcs of payor other (arms of compensation: HmJ selec-
<br />tion for training, induding apprenticeship. The contractur agrees to post in conspicuous places, 'Ivailablc
<br />to employees and applicants lor employment, notices to be provided by the contracting otliccr sCHing lorth
<br />provisions of this non~discrimination clause,
<br />
<br />(2) The contractor will, in aU solicitations or advertisements for employces placed by or on belwl!" of Ihe
<br />contractor, slate that all qualified applicanls will receive consideration for employment without regard to
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, menial or physical
<br />handicap, or age.
<br />
<br />(3) The contractor will send 10 each labor union or representative of workers with which he has clll!cc..:li\le
<br />bllrgaining agreement or other contract or understanding, nolice to he provided by the contHlclillg onker,
<br />advising the labor union or workers' reprcsentative of the contractor's commitlment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, anrJ
<br />relevant Orders of the Govemor.
<br />
<br />(4) The contmctor and labor unions will furnish all irifonnation and reports required by Executive Order,
<br />Equal Opportunity and AlTInnative Action of April 16, 1975, and by lhe rules, regull11ions and Onlcrs of
<br />the Governor, Dr pursuantlheretu. and uiiu permit access 10 his books, records, anrJ accounts by the COIl-
<br />tracting agency and the office of thc Governor or his designec for purposes of ilJ\'csliglltion to ;lsccrtain
<br />complillllce with such rules, regulations anti orders.
<br />
<br />(5) A labor organization will not exclude any individual otherwise qualilied fmm full rJ1emhership rights in
<br />such labor organization. or cxpel <lilY such individulll from mcmbersllip in such labor org;lnizatilJll or dis.
<br />criminate against any of ils members in the full enjoymellt of work (lpportuniIY, bcc,lUse pI' race, creed,
<br />color, sex. national origin, or ancestry.
<br />
<br />(6) A labor organization, or the employees or members thereofwW llot aid. abel, incitc, ..'wHpel \lr CUCI!,.'t:
<br />the doing of any act defined ill this contract to be discriminatory or ohstruct or pre\lc/lI allY persnn f"O/11
<br />complying with the provisions of this contract or any order issued thereunder: or attcmpl, eithcr dir(.'dlyor
<br />indirectly, to commit any act defined in this contract to be discriminator)'.
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<br />395,53,Ol,Ion
<br />Revised /1-85
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<br />page _m~ _ of . ? _ _ pages
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