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Form 6-AC 028 <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 Slate payable slier the current fiscal year arc contingent upon funds for that purpose being appropriated,budgeted and otherwise <br /> made available. <br /> BOND REQUIREMENT <br /> 3. 1f 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.provendor or 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 same in an amount not exceeding the sum specified in the bond,together with interest at the <br /> rate of eight per cent per annum.Unless such bond,when so required.is executed,delivered and filed.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 order payable to the 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 amended. <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 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 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 Replacement Vol.).and as required by Executive Order,Equal Opportunity and Alfirma- <br /> tive Action, dated April 16, 1975. Pursuant thereto, the fallowing pruririons.thati he contained in all State contracts or tub-contracts. <br /> During the performance of this contract, the contractor agrees as Inflows: <br /> (I) The 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 /> upgrading,demotion,or transfer,recruitment or recruitment advertising:lay-offs or terminations:rates of pay or other forms of compensation;and selection for <br /> training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro- <br /> vided by the contracting officer setting forth provisions of this non-discrimination clause. <br /> (2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor.state that all qualified applicants will receive <br /> consideration for employment without regard to race, creed, color, national origin. sex, marital status, religion, ancestry, mental or physical handicap, or <br /> age. <br /> (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand- <br /> ing,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive <br /> Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules. regulations, and relevant Orders of the Governor. <br /> (4) The contractor and labor unions will furnish all information and reports required by Ex man c Order.Equal Opportunity and Affirmative Action of April 16, <br /> 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 contracting <br /> agency and the office 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 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 emu)mcnt of work opportunity,because of race,creed,color, <br /> sex, national origin, or ancestry. <br /> (6) 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 be dis- <br /> criminatory or obstruct or prevent any person from complying a ith 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 he discriminatory. <br /> 395-53-01-1022 <br /> Revised 1/88 page _5 of_, pages or.tal>a.•II <br />