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<br />ARTICLE 16. 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 or such assistant as he may
<br />designate. This provision is applicable to any contract involving the payment of money Oy the State.
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<br />FUND AVAILABILITY
<br />2. Financial obligations of the State of Colorado payable after the current fiscal ye.af are contingent upon funds for that purpose being appropriated.
<br />budgeted. and otherwise made available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involves lhe payment at more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any
<br />building, road, bridge. viaduct. tunnel, excavation or other public worK for this State, the Contractor shall, before entering upon the perfonnance of any
<br />such work induded in this contract. dUly 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 lotal amount payable by the terms of this contract Suc:h bond shall be
<br />duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the Contractor
<br />or his subcontractors fail to duly pay for any labor, materials. team hire, sustenance, provisions. provendor or other supplies used or consumed by such
<br />Contractor or his subcontractor in performance of the work contracted to be done or fails 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 the bond. together with interest at
<br />the rate of eight per cent per annum. Unless such bond is executed. delivered and filed. no daim in favor of the ContractOr arising under such contract
<br />shall be audited. allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be
<br />accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
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<br />INDEMNIFICA liON
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<br />4. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State. its employees and agents. against any and all
<br />claims. damages. liability and court awards including costs, expenses, and attomey fees incurred as a result of any act or omission by the Contractor. or
<br />its employees. agents, subcontractors. or assignees pursuant to the terms of this contract.
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<br />DISCRIMINA lION AND AFFIRMATIVE ACTION
<br />5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended. and other applicable law
<br />respecting discrimination and unfair employment practices (CRS 24-34-402). and as required by Executive Order. Equal Opportunity and Affirmative
<br />Action. dated April 16, 1975. Pursuant thereto, the following provisions sIlall be contained in all State contracts or subcontracts.
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<br />During the performance of this contract. the Contractor agrees as follows:
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<br />(a) The Contractor win not discriminate against any employee Of applicant for employment because of race. creed, color, national origin, sex. marital
<br />status, religion, ancestry. mental or physical handicap, or age. The ContractorwilJ take afflflT'l8tive action to insure that applicants are employed, and
<br />that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall indude, but not be limited to
<br />the following: employment upgrading, demotion. or transfer, recruitment or recruitment advertlsings; lay-offS or terminations; rates of payor other forTT'ls
<br />of compensation; and selection for training, including apprenticeShip. The Contractor agrees to post in conspicuous places, available to employees
<br />and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-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 Contractor, State that all qua.lified applicants
<br />will receive consideration for employment without regard to race, creed, color, national origin, sex, marita! status. religion. ancestry, mental or physical
<br />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 or
<br />understanding, notice to be provided by the contracting officer. advising the labor union or workel'3' representative of the Contractor's commitment
<br />under the Executive Order. Equal Opportunity and Affinnative Action. dated April 16, 1975. and rules, regulations, and relevant Orders of the
<br />Governor.
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<br />(d) The Contractor and labor unions will fumish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of
<br />April 16. 1975, and by the rules. regulations and Orders of ttle Governor. or pursuant thereto, and will permit access to his booKs, records. and
<br />accounts by the cantrac:tlng agency and the office of the Govemor or his designee for purposes of investigation to ascertain compliance with such
<br />rules regulations and orders.
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<br />(e) A Isbor organization will not exclude any individual otherwise qualified from full membership rights in such labor Ofganization, or expel any such
<br />individual from membership in suc:h labor organization or discriminate against any of its members in the full enjoyment work opportunity because of
<br />race, creed, color, sex, national origin, or ancestry.
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<br />{f} A labOt' tlf';anization. 01' the emplOyees or mernbef5 thereof will not aid, abet. incite, compel or coerce U\e ~ of any ad. defined in this contract to
<br />be discriminatory or obstruct or prevent any person from complying with the provision of this contract or any order issued thereunder; or attempt, either
<br />directty or indirectty, 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-diserimination dauses of this canlract or with any of such rules, regula.tions, or orders.
<br />this contract may be canceled. terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Stale contracts in
<br />accordance with procedures, authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975 and the rules, regulations, or
<br />orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
<br />Orders. Equal Opportunity and Afflrmative Action of April 16, 1975. or by rules. regulations. or orders promulgated in accordance therewith, or as
<br />otherwise provided by law.
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<br />(h) The Contractor win include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purct1ase order unless exempted by
<br />rules. regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975. SO that such provisions will
<br />be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontracting or purchase order as the
<br />contracting agency may direct. as a means of enfOrcing such provisions. induding sanctions for non<ompliance; provided. however, that in the event
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