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<br />- "0= '.AC.028 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 Stale 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 improvement 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 thc State, a good
<br />and sufficient bond or other acccptable surety to be approved by said official in a penal sum not less than onc-
<br />half of the total amount payable by the terms of this contract Such bond shall be duly executc.u 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 />cxecuted, dclivered 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 thc extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
<br />employees and agents, againsl 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 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 employmcnt practices (24-34-402.
<br />CRS 1982 Replacement VoL), and as required by Executive Order, Equal Opportunity and AlTInnative Action.
<br />datcd April 16, 1975. Pursuant thereto, theJallawing provh'ions shall be cofltaifled ill all Slale CO/lfracts 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 not discriminate against any employee or applicant fur employment because of
<br />raCC, creed. color, natronal origin, sex, marital status, religion, ancestry. mental or physical handicap, or
<br />age. The contractor will take affirmative action to insure that applicants arc employed. and that employees
<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, dcmotion. or transfer, recruitment or
<br />recruitmcnt advertising; lay-olTs or tcrminations; 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 for employment, notices to be provitled by the contracling olliccr setting forth
<br />provisions of this non~discrimination elause.
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<br />(2) The contractor will, in all solicitations or advertisements for employees placcd 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, menlal or physical
<br />handicap, or age.
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<br />(3) The contractor will send to each labor union or reprcscntative of workers with which he has collective
<br />bargaining agreement or other contract or understanding. notice to be provided by the contracting ollicer.
<br />advising the labor union or workers' representative of the contractor's commiltment under the Executive
<br />Order, Equal Opportunity and Affirmative Action, datcu April 16, 1975, and of the rules, regulations. and
<br />relevant Orders of the Governor.
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<br />(4) The contr::tctor and labor unions will furnish all infomlation and reports required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16. 1975, and by the rules, regulations and Orders of
<br />the Govcrnor, or pursuant thereto, and will permit access to his books, records, and accounts by the con-
<br />tracting agency ami the office of the Governor or his designee for purposes of investigation to ascertain
<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 fulllllcmbership rights in
<br />such labor organization, or expel any such individual from member~hip in such labor organi7.alion or dis-
<br />criminate against any of its members in the full cnjoyment of work opportunity, because of ra.:e. crced,
<br />color, sex, national origin, or anccstry.
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<br />(6) A labor organization, or the employees or members thereoJ'will not aid, abet incile. compel ur coerce
<br />the doing of any act de lined in this contract to be discriminatory or obstruct llr prc\'ent any persull from
<br />complying with the provisions of this contract or any order issucd thereunder: or attempt, either Jircctly or
<br />indireclly, to commit any act defined in this contmct to be discriminalory.
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<br />395-53-0 I-I 022
<br />Re\'iscd 11-85
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