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<br /> Form 6-AC-02B
<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,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 bank 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 all
<br /> claims, damages, liability and court awards including costs, expenses and attorney's fees, to the extent such claims are caused by any professional
<br /> act or omission of, or breach of contract by, the contractor, its employees, agents, subcontractors or assignees pursuant to the terms of this
<br /> contract, but not to the extent such claims are caused by any act or omission of, or breach of contract by, the State, its employees, agents, other
<br /> contractors or assignees, or other parties not under the control of or responsible to the contractor.
<br /> DISCRIMINATION AND AFFIRMATIVE ACTION
<br /> 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 195'7.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 Affirma-
<br /> tive Action.dated April 16, 1975.Pursuant thereto. the following provisions shall be contained in all State contracts or sub-contracts.
<br /> During the performance of this contract,the contractor agrees as follows:
<br /> (1) 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 Executive 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 enjoyment 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 with the provisions of this contract or any. 'er issued thereunder:or attempt either directly or
<br /> indirectly,to commit any act defined in this contract to be discriminatory. r °
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<br /> 395-53-01-1022
<br /> Revised 1/88 page 9 of 10 pages U.-:f :Inn.-8
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