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SPECIAL PROVISIONS
<br /> The following SPECIAL PROVISIONS are integrated into this contract.
<br /> Controller's Approval
<br /> 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
<br /> Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment
<br /> of money by the STATE.
<br /> Fund Availability
<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.
<br /> Bond Requirement
<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, 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 terms
<br /> of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful
<br /> performance of the contract and in addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly
<br /> pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by
<br /> such Contractor 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
<br /> amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum.
<br /> Unless such bond is executed, delivered and filed, no claim 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
<br /> the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with C.R.S.38-26-106.
<br /> Indemnification
<br /> 4. See Paragraph M on indemnification on Page 7 of the contract.
<br /> Discrimination and affirmative action
<br /> 5. 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 (C.R.S. 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.
<br /> During the performance of this contract,Contractor agrees as follows:
<br /> (a)Contractor will not discriminate against any employee or applicant for employment because of race,
<br /> creed,color,national origin,sex,martial status,religion,ancestry,mental or physical handicap,or age.
<br /> Contractor will take affirmative action to insure that applicants are employed, and that employees are
<br /> treated during employment, without regard to the above mentioned characteristics. Such action shall
<br /> include,but not be limited to the following: employment upgrading,demotion,or transfer,recruitment
<br /> or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and
<br /> selection for training, including apprenticeship. Contractor agrees to post in conspicuous places,
<br /> available to employees and applicants for employment, notices to be provided by the contracting
<br /> officer setting forth provisions of this non-discrimination clause.
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<br /> 01/26/01
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