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<br />,_6-AC.f11I
<br />
<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S~PPROYAL
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<br />1,'Thls contrae:tshall not be deemed valid unlit it shall have been approved by the Controller orlhe Stale I)f Colorado or such wistanllS he l1UIydesi,nate. This
<br />provision Is applicable to any contract inYolv~1 ~ payment of money by the State.
<br />
<br />FUND A V AlLABILJTY
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<br />2. Financial obliplions of the State payable "fler the fiscal year arc continlent upon funds for thai purpo5C beins appropriated. budgeted and otherwise made
<br />available.
<br />
<br />BOND R,EQUIREMENT
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<br />3. tfthl,contraCt involved the paymentofmore than flfty thouund cSollm forlhe constnJclion. erection. repair. maintenance. or improvement orany building. road.
<br />bridge. yiadUCI. tunnel. excavation orother public \vmt.. for this State, the corllratlor shall, before entering the performance 'of any such work included in this contract.
<br />duly execute and deliver 10 and file with the offici~ whose signature appears below for the Slale. a good and sufficient bond or other acceptable surety to be approved
<br />by said official in I penal sum notleS! than one-half of the lotll amount payable by the term~ oflhis conlrltt. Such bond shall be duly e~<<ute by a qualified corporate
<br />surely. conditioned for lhe due and faithful perfmTl'\ance o(the conlract, and in addition. shall provide that i( thl.! contractor or hi! subcontracton; (ail to duly pay (or any
<br />labor. materials, team hire. sustenance, provisions, provendor or other supplies used or consumed by such COntraclor or his subconU'lctor in performance o(rhe wort
<br />contraCted to be dooe. the surety will pay the same in an amount not exceeding the sum specified in the bond, together with inleren at the rate of eight per cent per
<br />annum. Unless such bond, when so ,required. is eX~cuted, delivered and filed. no claim in (avor o(the contraclOr arising under lhi$ contract shall,be audited. allowed or
<br />paid. A certified or cashier's check or a bank motley order payable to lhe Treasurer of lhe Stllte o( Colorado may be accepled in lieu a( a bond. This provision is in
<br />compliance with 38.26-106 CRS, as amended.
<br />
<br />INDEMNtFlCA TION
<br />
<br />4. Ta the eJl:lent authoriud by law, the COr.traclor shall indemnif)', SII,.e nnd hold harmless the State, its employees and a~nls, against any and all claims. damages,
<br />liability and court awards includin!! COStS, npense$, and attorney fees inculTCd u a result ofany act or omission by the contractor, or ilS employees, agenlS, subconlracton;.
<br />or assignet.\ pursuant 10 the terms of this conlract.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE AC:TION
<br />
<br />~. The contractor llgrees to comply with the l'ctter and spirit of the Culorado AntidiM:rimination AC1 of 1957, u amended, and other applicable law respecting
<br />diseriminatlon and unfair employment practices (~4-J4-402. CRS 1988 ReplllCement Vol.), and as required l,y EJI:<<utive Order, Equal Oppohunity and Affinnative
<br />Action, dated April 16. 197:t Pursuanlthereto, the. following provisions shall be contailltd in all State contracls or sub-contracts.
<br />
<br />During the perfonnance of this conuact. me c!:mtractor agrees u follows:
<br />
<br />( I ) The contractor will not discriminate alains~ any employee or appiicant for employmenl because of race, creed, color, national ori,in, sex, marital StilUS, reli,ion,
<br />ancestry, mental or physicallwldicap. or aae" The contractor will take affinnalive action to insure thai ilpplicants are employed. and that employees are treated
<br />durin, employment. .....ithout re,ard to the above mentioned characteristics, Such action 5hall include. but not be limited to the following: employment. upgndin"
<br />demotion. or transfer, recroitment or recntilITtmt advertising: IlIy-offs Of terminations; rates of payor Ofher fOml$ of compensation: and selection for trainin..
<br />including apprenticeship, me contractor a~ to post in consplcuou~ places. available 10 employees and applicants for employment, .
<br />
<br />2) 1M contractor will, in all sollcitltions or *'dvertisemenll Cor employees placed by or on behalf of the ContnlClOf, stlte that all qualified applicanll will receive
<br />consideration for employment without regard to race, creed, color, national origin. sex., maritll status, reIl8i~, anceslry, mtntll or physical handicap. or age.
<br />
<br />(3) The contractor will send 10 each labor unlCltl 01' representative ofworkeB with which he has collective bargaining agrccmei'lls orothercontnctor understanding,
<br />notice 10 be provided by the contracting offiCllr. advertising the labor union or workers' representative oC the contractor's commitment under the Exctulive Order,
<br />Equal Opportunity and Affirmative Action, ~ted April 16, 1975; and of the roles, regulatioos, and relevant Orden of the Governor.
<br />
<br />(4) The contractor and labor unions wlll fumlsh 11.11 infonnation and reports required by Ell.ecutive Order, Equal Opportunity and Affinnatlve Action of April 16.
<br />197~. and by the roles, regulatioM and Ordel\ of the Governor, or pursuant thereto, and will pennit access 10 his books, records. and account! by the contraCting
<br />agency and the offICe oflhe Governor or his desisnee for pu~s of Invesligation to ascertain complianc:e with such roles, regulations and orden.
<br />
<br />(5) A labor organiZation will not ellclude any Individual otherwise quanfie.d from full membership rights. in such labor organizations. Of ell.pel any such individual
<br />from membership in such labororganlZlltion or discriminate against any of its members in the full enjoymlmt of work opportunity, because of handicap, race. creed,
<br />COI0l':Su.lge,nalionalorigin,orancesUY,(<4.34-402(1)(C)I
<br />
<br />(6) A labot DrJll:fIlmlon. or the employees tit members the~f will not aid, abet. incite, compel Of C1)erCe the doing of any act defined in this contract 10 be
<br />discriminacGry orobstnICt Iny penon-I'rom COmply In. with lhe provi~lons of this contnct or any order issued thereunder: or Inempl either directly or indirectly, 10
<br />commit any act defined In thll contrKt (0 be tUscrlminalory, (24.34-402 (I) (el)
<br />
<br />Revlsed'l9l
<br />J95.SJ.Ol.I021
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