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<br />SPECIAL PROVISWNS
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<br />CONTROLLER'S APPROVAL
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<br />I. This conU-lct shall nOt be deemed valid until it s!tall have been approved by the Controlle" of the State ofC:oloradoor such auiSlant as he may designate. This
<br />provision is applicable to any contract involving thll payment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the State payable aner the current liscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise
<br />madeavailablc.
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<br />BOND REQUIREMENT
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<br />3. If this conUact invoh'e~ the payment of more Lhan lifty Lhousand dollars for the conslructlon, erection, repair, maintenance, or improvemel}t of any building,
<br />road, bridge, viaduct, tunnel, excavation or other public works for this State, the contraclor sh lll, before entering the performance of any such work included in this
<br />conuact. duly execute and deliver to and lile with the l)flicial whose signature appears below fc r the State, a gOO(j and sufficient bond or olher acceptable surety to be
<br />approved by said official in a penal sum not less thll.rJ one.ha]f of the tOl.al amount payable I,y the terms of this conuact. Such bond shall be duly executed by a
<br />qualilied corporate surety. conditioned for the due anti faithful performance of the conuact, M.d in addition, shall provide that if the contractor or his subcontractors
<br />failloduly pay for an)' labor. materials. team hire. SU~tenance. provisions. provendor or Other supplies used oreonsumed by such contractor or his subcontractor in
<br />performance of the work contracted to be done, the surety will pay the same in an amountllQt exceeding the SUm specified in the bond, together with interest at the
<br />rate of eight per cent per annum. linless such bond. \I'hen so required, is executed. delivered and filed, no claim in favor ofthe contractor arising under this contract
<br />shall be audited. alloweu or p:lid, A c.-nilied or cashi~r's check or a bank money order payable to the Treasurer of the State of Colorado IIlay be accepted in lieu of a
<br />bond. This provision is in compliance with 38.26-106 CRS. as amcnded.
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<br />INDEMNIFICATION
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<br />4. To the extent authorized by law. the contract\)r shall indemnify, save and hold harmless the State, its cmployees 8fId agents, against any and all claims.
<br />damales. Iiabilily lIlId coun award~ including costs, expenses. and allomey fees incurred as a rnult of any l.Ict or omission by the conlractor. or its employecs,
<br />agents. subcontractors, or assignees pursuanlto th~ terms of this contract.
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<br />DISCRIMINATION AND AFFI Rl\lATIVE <\CTION
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<br />5. The contractor agrees 10 comply with the IeUCt and spirit uf the Colorado Antidiscrimination Act of 19S1, as amended, and other applicable law respecting
<br />discrimination aJld unfair employmcnt praclice~ (24'34_402. CRS 1982 Replacement Vol, \, and as required by Executive Order, Equal Opponunity and Affirma-
<br />th'e Action, dated April 16, 191$. furst/om Ihtre/Il, /he jilJ/Oll'iflg prol'isiul1s shall bf ('fJI,/a;lIfd;/I all Slalf COll/tacU or Sllb--coruracu.
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<br />During the performan.:c Ill' this contract, the COl\tractor ayees as follows:
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<br />\ I) The COntractor will not discriminate against ~ny cmployee or applicant for employment because of race. creed, color, national origin, sex, marital status.
<br />religion, ancestry. menta] or physical handicap, or age. The contractor will lake affirmative action 10 insure that applic8fl1S are employed. and that employees are
<br />treated dUring employment. without regard 10 the abo\'e mentioned characteristics. Such action shall inclUde, but not be limited 10 the following: employment.
<br />upgrading, demotion. or If:ut~rer, recruitment Of r\:cruitment ad\'ertising; lay...olTs or terminations; rates of Payor other fonns of compensation: 8fId selection for
<br />training, including apprent:ccship. The contractor agrees to !XIst in conspicuous places, a\'ailable 10 employees and applicants for employment, notices to be pro-
<br />vided by the contracling llfficer ~clling fonh Provisions of this non.discriminallon clause.
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<br />(2) The contractor will. in all solicitations or ad\"tnisements for employees placed by or on behalf of the COl\tractor, state that all qualified applic8flts will recei\'e
<br />considcration for cmployment without regard to. race, creed. color. national origin. sex. marital status, religion, ancestr)', mental or physical handicap, or
<br />agc.
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<br />(] 1 The conlractorwi1l send to each labor union c.r representati\"e of workers with which he has collective bargaining agreement or other conlract or understand.
<br />ing, notice to be provided by the contracting officer, advising the labor union or workers' representative ()fthe contractor's commitment under the Executil'e
<br />Order. Equal Opponunit}' and Affirmative Action. dated April 16, 1975. and of the rules. regulations, and relevant Orders of the Governor.
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<br />(41 The contractor and labor unions will furnish all infollTlation and repons required by Executive Order, Equal Opponunity and AffillTlative Action of April 16,
<br />1975. and by the rules. regulatioos and Orders oflhe Governor, or pursuanl thereto. and will permit access to bis books. recorus, and accounts by the contracting
<br />agency and the office of the Go\'crnot or his designee for purposes of investigation to ascenain compliluice with such rules, regulations and orders.
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<br />(5 I A labor organization will nol exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
<br />from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color.
<br />sex. national origin. or ancestry.
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<br />(6) A labor organization, or the employees or ml!!mbef'S thereof will not aid, abel, incite, compel or coerce the doing of any act defined in this contract to be dis.
<br />criminator)' or obstruct or prevent any person fn:;m complyinj!. with the provisions of thi~ contract or any order issued thereunder: or attempl either direct])' or
<br />indirectly, to commil any lICt defined in this CO~tractto be discriminatory.
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<br />395-53.01-1022
<br />Revised 1/88
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