Forth 6-Ac-oz: SPECIAL PROVISIONS
<br /> CONTROLLERS APPROVAL
<br /> 1. This contract snt;ll not he deemed valid until it shall have been approved by the Controller of the State of
<br /> Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
<br /> ment 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
<br /> purpose being appropriated. budgeted and otherwise made available.
<br /> BOND REQUIREMENT
<br /> 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
<br /> repair, maintenance, or improvement of any building, road, bridge. viaduct. tunnel. excavation or other public
<br /> works for this State, the contractor shall, before entering the performance of any such work included in this con-
<br /> tract. duly execute and deliver to and file with the official whose signature appears below for the State, a good
<br /> and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
<br /> half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
<br /> corporate surety,conditioned for the due and faithful performance of the contract. and in addition,shall provide
<br /> that if the contractor or his subcontractors fail to duly pay for any labor. materials, team hire, sustenance, pro-
<br /> visions.provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
<br /> the work contracted to he done,the surety will pay the same in an amount not exceeding the sum specified in the
<br /> bond. together with interes: at the rate of eight per cent per annum. Unless such bond. when so required. is
<br /> executed. delivered and filed, no claim in favor of the contractor arising under this contract shall be audited.
<br /> allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br /> Colorado may he accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as
<br /> amended.
<br /> INDEMNIFICATION
<br /> 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
<br /> employees and agents.against any and all claims.damages.liability and court awards including costs,expenses,
<br /> and attorney fees incurred as a result of any act or omission by the contractor.or its employees, agents. subcon-
<br /> tractors, 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,
<br /> as amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402.
<br /> CRS 1982 Replacement Vol.). and as required by Executive Order, Equal Opportunity and Affirmative Action,
<br /> dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or
<br /> sub-contracts.
<br /> During the performance of this contract. the contractor agree? as iolimk.s 1
<br /> not discriminate against any employr P �aLa f r employment because of
<br /> (I) The contractor will � _ R�.�_Q,� ..y
<br /> race. creed. color, national origin, sex, marital statusI
<br /> igion, ancestry. mental o_rphysical handicap, or
<br /> age.The contractor will take affirmative action to insuh -pi is N lowd,and that employees
<br /> are treated during employment. without regard to theo e s nu. -; ct ra te*ticZPuch action shall
<br /> include,but not be limited to the following: employment, upgrdtn +emio orFtrapSfer, recruitment or
<br /> recruitment advertising: lay-offs or terminations: rates of pay or other forms of h'ipensation: and selec-
<br /> tion for training. including apprenticeship. The contractor agrees to post in conspicuous places. available
<br /> to employees and applicants for employment,notices to be provided by the contracting officer setting forth
<br /> 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
<br /> contractor. state that all qualified applicants.•ill receive consideration for employment without regard to
<br /> race, creed. color. national origin. sex, marital status, religion. ancestry. mental or physical
<br /> handicap. or age.
<br /> f 3) The contractor will send to each labor union or representative of workers with which he has collective
<br /> bargaining agreement or other contract or understanding. notice to be provided by the contracting officer,
<br /> advising the labor union or workers' representative of the contractor's committment under the Executive
<br /> Order. Equal Opportunity and Affirmative Action,dated April 16. 1975. and of the rules,regulations.and
<br /> relevant Orders of the Governor.
<br /> (4) The contractor and labor unions will furnish all information and reports required by Executive Order,
<br /> Equal Opportunity and Affirmative Action of April 16. 1975. and by the rules, regulations and Orders of
<br /> the Governor, or pursuant thereto. and will permit access to his books. records. and accounts by the con-
<br /> tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain
<br /> compliance with such rules, regulations and orders.
<br /> (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
<br /> such labor organization. or expel any such individual from membership in such labor organization or dis-
<br /> criminate against any of its members in the full enjoyment of work opportunity. because of race. creed.
<br /> color, sex. national origin, or ancestry.
<br /> (6) A labor organization.or the employees or members thereof will not aid. abet, incite,compel or coerce
<br /> the doing of any act defined in this contract to he discriminatory or obstruct or prevent any person from
<br /> complying with the provisions of this contract or any order issued thereunder:or attempt.either directly or
<br /> iwdtrectty, too commit any act defined in this contract to he discriminatory.
<br /> 395-53-01-10223 3 of 4 pages
<br /> Revised 1185
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