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<br />. <br /> <br />. <br /> <br />SPECIAL PROVISIONS <br /> <br />The following SPECIAL PROVISIONS are integrated into this contract. <br /> <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 /> <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 /> <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 concract. Such bond shan be duly executed by a qualifled 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 swn specified in the bond, together with interest at the rate of eight per cent per annwn. <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 maybe accepted in lieu ofa bond. This provision is in compliance with C.R.S. 38-26-106. <br /> <br />Indemnification <br />4. See Paragraph M on indemnification on Page 7 of the contract. <br /> <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. Pursuan! <br />thereto, the following provisions shall be contained in all STA TE contracts or sub-contracts. <br /> <br />During the performance ofthi5 contract, Contractor agrees as follows: <br /> <br />(a) Contractor will not discrinunate against any employee or applicant for employment because of race, <br />creed, color, national origin, sex, martial status, religion, ancesn-y, mental or physical handicap, or age. <br />Conn-actor will take affirmative action to insure thJ.t applicants are employed, and that employees are <br />treated 'during employment, without regard to the above mentioll~d characteristics. Such action shall <br />include, but not be limited to the following: employment upgrading, demotion, or tr.:msfcr, recruitment <br />or recruitment advertisings; lay-offs or terminations; ratcs of payor other fonns 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. <br /> <br />Page lQ of 11 <br />01/26/01 <br />