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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 of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, <br />and otherwise made available. s, . <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;oi other public work for this State, the contractor shall, before entering upon the performance of any such work included <br />in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by <br />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 qualified corporate <br />surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any <br />labor, materials, team hire, sustenance. provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work <br />contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in <br />an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and <br />filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable <br />to the Treasurer of the State of Colorado may be accepted in lieu of a 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 agents, against any and all claims, <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 AFFIRMATIVE ACTION <br />5. The contractor agrees to comply with the lette d e Colo o Antidiscrimination Act of 1957, as amended, and other applicable law respecting <br />discrimination and unfair employment practice ),and s ire by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, <br />1975. Pursuant thereto, the foiloh,ing provisio 11 a ntained ' Sra acts or sub - contracts. <br />During the performance of this contract, the ontrac a f ws: <br />(a) The contractor will not discriminate ad ployee or applicant for employment because of race, creed, color, national origin, sex, <br />marital status, religion, ancestry, mental rcap, or age. The contractor will take affirmative action to insure that applicants are employed, and that <br />employees are treated during employment, regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: <br />employment upgrading, demotion, or transfer 'tment or recruitment advertisings; lay -offs or terminations; rates of pay or other fortes of compensation; and <br />selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, <br />notices to be provided by the 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 that all qualified applicants will <br />receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, <br />or age. <br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or <br />understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the <br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. <br />(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April <br />16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the <br />contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. <br />(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual <br />from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, <br />sex, national origin, or ancestry. <br />(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to b6 <br />discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly <br />or indirectly, to commit any act defined in this contract to be discriminatory. <br />Form 6- AC -02B <br />Revised 1/93 <br />395.53 -01 -1022 Sit— <br />page-i-Q_ of 11 pages <br />