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<br />Fonn 6-AC-02B <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />I, 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 pay- <br />ment of money by the State. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated, 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, <br />repair, maintenance. or improvement of any building. road, bridge, viaduct, tunnel, excavation or other public <br />works for this State, the contractor shall, before entering the performance of any such work included in this con- <br />tract, duly execute and deliver to and file with the offi' hose signature appears below for the State, a good <br />and sufficient bond or other acceptable surety to e by said official in a penal sum not less than one- <br />half of the total amount payable by the terrO" t. Such bond shall be duly executed by a qualified <br />corp?rate surety, conditi~ned for the due an.~il perfOl;ct1\,ff t t~h'e contract, and in a~dition, shall provide <br />that if the contractor or hIS subcontractors fatl to dul ' j~r, matenals. team hire, sustenance, pro- <br />visions, provendor or other supplies used ot5o u u tractor or his subcontractor in performance of. <br />the work contracted to be done, the sure y t ame in an amount not exceeding the sum specified in the <br />bond, together with interest at the rate ~ t per cent per annum. Unless such bond, when so required, is <br />executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, <br />allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of <br />Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as <br />amended. <br /> <br />INDEMNIFICATION <br /> <br />4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its <br />employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, <br />and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon- <br />tractors, or assignees pursuant to the terms of this contract. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />as amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402. <br />CRS 1982 Replacement Vol.). and as required by Executive Order, Equal Opportunity and Affirmative Action, <br />dated April 16,1975. Pursuant thereto, the following provisions shall be contained in all State contracts or <br />sub-contracts. <br /> <br />During the performance of this contract. the contractor agrees as follows: <br /> <br />(I) The contractor will not discriminate against any employee or applicant for employment because of <br />race. creed. color. national origin. sex. marital status. religion. ancestry, mental or physical handicap. or <br />age. The contractor will take affirmative action to insure that applicants are employed, and that employees <br />are 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 or <br />recruitment advertising: lay-offs or terminations; rates of payor other forms of compensation; and selec- <br />tion for training. including apprenticeship. The contractor agrees to post in conspicuous places. available <br />to employees and applicants for employment, notices to be provided by the contracting officer setting forth <br />provisions of this non-discrimination clause. <br /> <br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the <br />contractor. state that all qualified applicants will receive consideration for employment without regard to <br />race. creed, color, national origin, sex, marital status, religion, ancestry, mental or physical <br />handicap. or age. <br /> <br />(3) The contractor will send to each labor union or representative of workers with which he has collective <br />bargaining agreement or other contract or understanding. notice to be provided by the contracting officer, <br />advising the labor union or workers' representative of the contractor's committment under the Executive <br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. and of the rules, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order, <br />Equal Opportunity and Affirmative Action of April 16. 1975. and by the rules, regulations and Orders of <br />the Governor. or pursuant thereto. and will permit access to his books. records. and accounts by the con- <br />tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain <br />compliance with such rules, regulations and orders. <br /> <br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in <br />such labor organization. or expel any such individual from membership in such labor organization or dis- <br />criminate against any of its members in the full enjoyment of work opportunity, because of race. creed, <br />color. sex. national origin. or ancestry. <br /> <br />(6) A labor organization. or the employees or members thereof will not aid. abet, incite. compel or coerce <br />thc doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from <br />complying with the provisions of this contract or any order issued thereunder: or attempt. either directly or <br />indirectly. to commit any act defined in this contract to be discriminatory. <br /> <br />395-53-01-1022 <br />Re\'ised 11-85 <br /> <br />page .__5_._ of _,.,.6 _ pages <br />