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<br />'.'C-<l,a SPECIAL PRO~NS
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<br />CONTROLLER'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 Slate of
<br />Colorado or such assistant as he may designate. This provision is applicable [0 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 State 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 REQtnREMENT
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<br />3. If this contract involves the payment of more than fifty thousand dollars fouhe..construction. erection,.
<br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excava-'ion.ciioiJlcr.public
<br />works for this State, the contractor shall, btfore entering the performance of any such work included in this con-
<br />tract., duly execute and deliver lO and file with the official whose signature appears below for the State, a good
<br />and suID~nd or other acceptable 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 executed 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, suslenance, 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 wilh 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 audile.d,
<br />aJlowed or paid. A cenified 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 law, the contractor shall indemnify, save and hold harmless the State, its
<br />employees and agents, against any and all claims, damages, liability and coun awards inclUding costs, expenses,
<br />and attorney fees incurred as a result of any act or omission by the contractor, or ilS 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 />S. 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 />eRS 1982 Replacement Vol.), and as required by Executive Order, -Equal Opportunity and Affinnative Action,
<br />dated April 16, 1915. Pu~uanllherelo. IheloUowing provisions shall be contained in all Stale contracU or
<br />nlb-conn-acu.
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<br />During the perfonnance of this contract, the contractor agre~s as foUows:
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<br />(I) The contractor will not discriminate against any employee or applicant. for employment because of
<br />race, creed, color, nationa.! 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, tpld that employees
<br />are treated during employment, without regard to the above mentioned characteristics. Such action shall
<br />include, but not be limited to the foUowing: employment, upgrading, demotion, or transfer, recRlitment or
<br />recruiunent advenising; lay.offs 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 fonh
<br />provisions 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, an~esuy, 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, 1915, and ofthe RIles, regulations, and
<br />relevant Orders of the Governor.
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<br />(4) The contractor and labor unions will furnish all information and repons required by Executive Order,
<br />Equal Opponunity arid Affinnative Action of April 16, 1915, and by the rules, regulations and Orders of
<br />the Governor, or pursuant thereto, and will p~rmit access t"l his b')Qks, records, and accounts by the con-
<br />uacting 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 not exclude any individual otherwise qualified from full membership rights in
<br />such labor organization, or expel any such individual from membership in such labor organization or drs~
<br />criminate against any of its members in the full enjoymenl of work opponunity, because of race, creed,
<br />color, sex, national origin, or ancestry.
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<br />(6) A labor organization, or the employees or members thereof will not aid, abet, incile, compel or coerCe
<br />lhe doing of any act defined in this contract to be discriminator)' or obstruct or prevent any person from
<br />complying with the provisions Oflhis contraCt or any order issued thereunder, or attempt, either directly or
<br />indirectly. to commit any act defined in this contract 10 be discriminatory.
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<br />395.53.01.1022
<br />Revised 11.85
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<br />page _~ of ....l.L pages
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