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SPECIAL PROVISIONS
<br />CONTROLLER'S APPROVAL
<br />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 />FUND AVAILABILITY
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that
<br />purpose being appropriated, budgeted, and otherwise made available.
<br />BOND REQUIREMENT
<br />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 shall 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, provendor or other supplies used or consumed by such contractor or his subcontractor
<br />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
<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 Gaim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or
<br />cashier's check or a bank money order payable to the 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 />INDEMNIFICATION
<br />4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and
<br />agents, against any and all claims, damages, liability and court awards inGuding costs, expenses, and attorney fees
<br />incun•ed as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees
<br />pursuant to the terms of this contract.
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />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 2434-402), and as required by
<br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the fopowing
<br />provisions shall be contained in al! State contracts orsub-contracts.
<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, mantal status, religion, ancestry, mental or physical handicap, or age. The contractor will take
<br />affirmativg action to insure that applicants are employed, 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-offs or terminations; rates
<br />of pay or 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, in 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 physipl handicap, or age.
<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, advising the labor
<br />union or workers' representative of the contractors commitment under the Executive Order, Equal Opportunity and
<br />Affirmative Action, dated Apnl 16, 1975, and rules, regulations, and relevant Orders of the Governor.
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