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Form 6-AC-0211 <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 i <br /> 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpo 9 ed and otherwise <br /> made available. / f <br /> BOND REQUIREMENT _ <br /> 3. lr this contract involves the payment airmen than fifty thousand dollars for the construction.erection.reps .• a or,,6,� • of any building. <br /> road.bridge.viaduct.tunnel.excavation or other public works for this State.the contractor shall.before entering the pe •79111 .(17- ch inducted 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•• • ` •- • •le 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 shal 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 contractoror his subcontractor in <br /> performance of the work contracted to be done.the surety will pay the seine 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 cashiers check or a hank money order payable to the Treasurer of the State of Colorado may be accepted in Ikea 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 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 Affirma- <br /> tive Action.dated April 16. 1975.Pursuant thereto, the following provisions shall he contained in all State contracts or sub-contsvctt. <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.sea.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 advenising: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 contactor.state that all qualified applicants will receive <br /> consideration for employment without regard to race, need,color,national origin.sex,marital status. religion.ancestry.mental or physical baadicap.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 contact 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. end 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 Executi%a Order.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 permit access to his books.records,and accounts by the contracting <br /> agency and the office of the Governor or his designee for purposes..f investigation to ascertain compliance with such rules.regulations and orders. <br /> (5) A labor organization will not exclude any individual otherwise qualified front 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 coin)meet of work opportunity.because of race.creed.color. <br /> sex.national origin.or ancestry. <br /> (6) A labor organizaticin.or the employees or members thereof will nut 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 w ith the prm•isions of thi'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 /> 9S•53-01-1022 <br /> ears _IQ.. o: 1 parrs t,.sc.:so..as <br />