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<br />D. Special provisions (1993 version)
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<br />1. Controller's Approval. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such
<br />assistant as he may designate. This provision is applicable to any contract involving the payment of money by the STATE.
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<br />2. Fund Availability. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being
<br />appropriated, budgeted, and otherwise made available.
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<br />3. Bond Requirement. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or
<br />improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon
<br />the performance of any such work included in this contract, duly execute and deliver to the STATE official who will sign the contract, a good and sufficient
<br />bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this
<br />contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall
<br />provide that if the CONTRACfOR or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
<br />supplies used or consumed by such CONTRACfOR or his subcontractor in performance of the work contracted to be done or fails to pay any person who
<br />supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in
<br />the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the
<br />CONTRACfOR arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer
<br />of the State of Colorado may be accepted in lieu ofa bond. This provision is in compliance with CR.S. 38-26-106.
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<br />4. Indemnification. To the extent authorized by law, the CONTRACfOR shall indemnify, save, and hold harmless the STATE, its employees and agents,
<br />against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by
<br />the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
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<br />S. Discrimination And Affirmative Action. The CONTRACfOR 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 (eR.S. 24-34-402), and as required by Executive Order,
<br />Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all STATE contracts 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 />a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex,
<br />martial status, religion, ancestry, mental or physical handicap, or age. The CONTRACfOR will take affirmative action to insure that applicants are
<br />employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include,
<br />but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations;
<br />rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
<br />places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-
<br />discrimination clause.
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<br />b) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACfOR, state that aU qualified
<br />applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, martial status, religion, ancestry,
<br />mental or physical handicap, or age.
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<br />c) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract
<br />or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S
<br />commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders ofthe Governor.
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<br />d) The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative
<br />Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books,
<br />records, and accounts by the contracting agency and 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 />e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such
<br />individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity
<br />because of race, creed, color, sex, national origin, or ancestry.
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<br />f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract
<br />to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or
<br />attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory.
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<br />g) In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or
<br />orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further
<br />STATE contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
<br />the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked
<br />as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in
<br />accordance therewith, or as otherwise provided by law.
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