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Form G-AC -0213 <br />SPECIAL PROVISIONS <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 Colorado or such assistant as he may designate. This <br />provision is applicable to any contract involving the payment of money by the State. <br />FUND AVAILABILITY <br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise <br />made available. <br />BOND REQUIREMENT <br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection. repair. maintenance, or improvement of any building. <br />road. bridge. viaduct, tunnel, excavation or other public works for this State, the contractor shall. before entering the performance of any such work included in this <br />contract. duly execute and deliver to and file with the official whose signature appears below for the State, 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. Such bond shall be duly executed by a <br />qualified corporate surety, conditioned for the due and faithful performance of the contract. and in addition, shall provide that if the contractor or his subcontractors <br />fail to duly pay for any labor. materials, team hire. sustenance. provisions. pruvendor nr other supplies used or consumed by such contractor or his subcontractor in <br />performance of the work contracted to be done. the surety will pay the samne in an amount not exceeding the sum specified in the bond, together with interest at the <br />rate of eight percent per annum. Unless such bond. when so required. is executed. delivered and riled. no claim in favor of the contractor arising under this contract <br />shall be audited. allowed or paid. A certified or cashier's check or a hank money ruder payable to nhe Treasurer of the State of Colorado may be accepted in lieu of a <br />bond. This provision is in compliance with 38- 26.106 CRS. as amender!. <br />INDEMNIFICATION <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 aii claints. <br />damages, liability and court awards including costs. expenses. and attorney fees incurred as a result of any act or omission by the contractor, or its employees, <br />agents. subcontractors, or assignees pursuant to the terms of this contract. <br />DISCRIMINATION AND AFFIRAIA77VE 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 respecting <br />discrimination and unfair employment practices (24 -34 -402. CRS 1982 Kepiacement Vnl.1. and as required by Executive Order, Equal Opportunity and A(lirma- <br />tivc Action, dated April 16, 1975. Pursuant iherrio, the fiollon-ing pnwisinrrs shall he cnnruinrd in all Stare contracts or sub- cantracm <br />!boring the performance of this contract. the contractor agrees as limllows: <br />(1) ilme contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, <br />religion, ancestry.:mental or physical handicap, or age. The 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 include, but not be limited to the following: employment, <br />uograding, demotion, or transfer, recruitment or recruitment advertising: lay -offs or terminatirrns: rates of pay or other forms of compensation; and selection for <br />training, including au renticeship. The contractor agrees to post in conspicuous places, avaiiahle its coop! and applicants for employment, notices to be pro- <br />p <br />by the contracting officer setting forth provisions of this ntrn•discrimmatwn clause. <br />(2) The contractor will, in all solicitations or advertisements for employees placed by ur on bchal th acto tat II qualified applicants will receive <br />consideration for employment without regard to race, creed, color, natinnai origin, sex. . reli e , menial or physical handicap, or <br />age. <br />(3) The contractor will send to each labor union or representative of workers with which he has &illecti l41W('' agreement or other contractor understand- <br />ing, notice to be provided by the contracting oRcer, advising the labor union or workers' rcpresc rte contractor's commitment under the Executive <br />Order, Equal Opportunity and Afrmrnative Action, dated April 16. 1975. and of the rules, r , and relevant Orden of the Governor. <br />(4) The contractor and labor unions will furnish all information and reports required by Exccutit r r. Equal Opportunity and Affirmative Action of April 16. <br />1975, and by the rules, regulations and Orders of the Governor, nr pursuant thereto. and will pernm access to his books. records, and accounts by the contracting <br />axency and the once of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. <br />(5) A labor organization will nut exclude any individual otherwise qualified frtnm lull Membership rights in such labor organization, ur expel any such individual <br />from membership in such labor organization or discriminate against any of its members in the full cnjn%ment of work opportunity, because of race, creed, cnlor. <br />sex, national origin, or ancestry. <br />(6) A labor organization, or the employees or members thereof will not aid, abut, incite, cumpel of coerce the doing of any act defined in this contract to be dis. <br />criminatory or obstruct or prevent any person from complying w ith the provisions of Ili& contract or any order issued thereunder: or attempt either directly or <br />indirectly, to commit any act defined in this contract to he discriminatory, <br />395 -53 -01 -1022 <br />Revised 1/88 page _l0 of 11 pages or•marsa ss <br />