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<br />ARTICLE 15.
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<br />SPECIAL PROVISIONS
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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 State of Colorado
<br />or such assistant as he may de,signate. This provision is applicable to any contract involving the payment of
<br />money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for
<br />that purpose being appropriated, budgeted, and otherwise made available.
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<br />BONO REQUIREMENT
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<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
<br />State, the contractor shall, before entering upon the performance of any such work included in this contract, duly
<br />execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable
<br />surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the
<br />terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditio.!.'ed upon the
<br />faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to
<br />duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed
<br />by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any
<br />person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the
<br />same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent
<br />per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under
<br />such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to
<br />the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS
<br />38-26-106,
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<br />INDEMNIFICA TION
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<br />4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees
<br />and agents, against any and all claims, damages, liability and court awards including costs, expenses, and
<br />(reasonable} attorney fees incurred as a result of any (negligent) act or omission by the contractor, or its
<br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
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<br />DISCRlMINA TION AND AFFIRMA TlVE ACTION
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<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as
<br />amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402),
<br />and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant
<br />thereto, the following provisions shall be contained in all State contracts or 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,
<br />color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The
<br />contractor will take affirmative action to insure that applicants are employed, and that employees are treated
<br />during employment, without regard to the above mentioned characteristics. Such action shall include, but not
<br />be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment
<br />advertisings; lay-offs or terminations; rates of payor other forms of compensation; and selection for training,
<br />including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
<br />applicants for employment, notices to be provided by the contracting officer setting forth provisions of this
<br />non-discrimination clause.
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