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<br />. <br /> <br />. <br /> <br />ARTICLE 15. <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or <br />such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the <br />State. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State of Colorado payaDle after the current fiscal year are contingent upon funds for that <br />purpose being apprqpriated, budgeted, and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <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 State, <br />the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and <br />deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be <br />approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. <br />,Such bond shalf be duly executed by a qualified corporate surety conditioned upon the faithful performance of the <br />contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, <br />team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor <br />in performance of the work contracted to be done or faits to pay any person who supplies rental machinery, tools, or <br />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 <br />filed, no claim in favor of the contractor arising under such contract shaH be audited, allowed or paid. A certified or <br />cashier's check or a bank money order payable to t/1e Treasurer of the State of Colorado may be accepted in lieu of a <br />bond. This provision is in compliance with CRS 38-26-106. <br /> <br />INDEMNIFICA TION <br /> <br />4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and <br />ag~nts, against any and all claims, damages, liability and court awards including costs, expenses, and (reasonable) <br />attorney fees incurred as a result of any (negligent) act or omission by the contractor, or its employees, agents, <br />subcontractors, or assignees pursuant to the terms of this contract. <br /> <br />DfflCffiMmAnONANDAFRRMAnVEAcnON <br /> <br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, <br />and. other applicable law respecting discrimination and unfair employment practices (CRS 24-34~402), and as required by <br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following <br />provisions shall be contained in all State contracts of sub-contracts. <br /> <br />During the performance of this contract, the contractor agrees as follows: <br />(a) 'The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, <br />national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractorwiJI take <br />affirmative action to insure that applicants are employ€!d, and that employees are treated during employment, <br />without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: <br />employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-ofts or terminations; rates <br />of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to <br />post in conspicuous places, available to employees and applicants for employment, notices to be provided by the <br />contracting officer setting forth provisions of this non~discrimination clause. <br />(b) The contractor will, iR all solicitations or advertisements for employees placed by or on behalf of the contractor, state <br />that all qualified applicants will receive consideration for employment without regard to race, creed, color, national <br />origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. <br /> <br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining <br />agreement or other contract or understanding, notice to be provided by the contracting officer, advisi'ng the labor <br />union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and <br />Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the Governor. <br /> <br />(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal <br />Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or <br />pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the <br />office of the Governor.or his designee for purposes of investigation to ascertain compliance with such rules <br />regulations and orders. <br />