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<br />FonQ ""AC.418 <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />t. This conuac:t shaU 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. 11115 <br />provision is applicable to any canU'aCt involving the payment of money by the State. <br /> <br />FUND A V AILABILITY <br /> <br />2. Financial obligatiOns of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made <br />available. <br /> <br />BOND REQUIREMENT <br /> <br />3. lfthis contr3Ct' involved the payment of more than fifty thousand dollars for the consaucrion. ~rec(ion. repair. maintenance. or improvement of any building. road. <br />bridge. viaduct. tunnel. excavation or mher public works for this State. the contractor shall. before entering the perfonnance of any such work included in this contract. <br />duly execute and deliver to and file with the official whose signature appears below for the State. a good and sufficient bond or omer acceptable surety 10 be approvec <br />by said official in a penal sum not less than one-half of the total amount payable by the terms of this contracL Such bond shall be duly execute by a qualified corporate <br />surety. conditioned for the due and faithful perfonnance of the contt'aCt. and in addition. shall provide that if the conU'llCtor or his subconU'llCton fail to duly pay for any <br />labor. malCriais. team hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontraCtor in performance of the work <br />contracted [0 be done. the surety will pay the same in an amount not exceeding the sum specified in the bond,. wgether with interest at the rare of eight per cent per <br />annum. Unless such bond. when so required. is executed. delivered and filed. no claim in favor of the COntractor arising under this contract shall be audited. allowed or <br />paid. A cenified or cashier's check or a bank money order payable to the Treas~r of the State of Colorado may be accepted in lieu of a bond. This provision is in <br />compliance with 38.2()..106 eRS. as amended. <br /> <br />INDEMNIFICATION <br /> <br />4. To rhe e,ll;cenc authorized by law. em: cor.traccor shall inde~nif>', san: and hold harmJeis cite Scate. Irs employees and Jgencs. against any and all claims. damages. <br />liability and coun awards including costs. ex.penses. and attomey fees inculTCd a...; a rel)uh of any act or omission by the contractor. or its employees. agents. subcontractors. <br />or assignee... pursuant to the t~nns of Ihis contraCt. <br /> <br />D1SCRIMINA TIOJ'; AND AFFIRMATIVE ACTION <br /> <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 proctice:s (24-3..1.~02. CRS 1988 Replacement VoLl. and as required by Executive Order. Equal Oppoitunity and Affirmative <br />Action. dated April 16. 1975. Pursuant thereto. the following provisions shall be COntained in all State contracts or sub-contracts. <br /> <br />During the pc:rform<l.nce of this contr.lct, the contractor agrees as follows: <br /> <br />( I) The contr.1ClOrwill not discriminate against any employee or applicam foremploymcm because of race. creed. color. national origin. sell. marital status. religion. <br />::lncestry. menIal or physical handicap. or age. The conmlctor will take aftinnativ~ ;u;tion to insure that applicants are employed. and that employees arc treated <br />during employment. without regard to the above mentioned characteristics. Such action shall include. but not be limited to the following: employment. upgrading. <br />demotion. or transfer. recruitment or recruitment adven:ising; lay-offs or tenninations; rotes of pny or other forms of compensation; and selection for training. <br />including apprenticeship. the contractor agrees to post in conspicuous places. available to employees and applicants for employment. <br /> <br />2) The contractor will. in all solicitations or adven:isements for employees placed by or on behalf of Ihe contractor. state that all qualified applicants will receive <br />consideration for employment without regard to roce. creed. color. national origin. sex. marital status. religion. ancestry. mental or physical handicap. or age. <br /> <br />(J) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreements or other COntract orunderstandin~. <br />nOlice to be provided by the contracting officer. adven:ising the labor union or workers' representative of the comroctor's commitment under the E;tccutive Order. <br />E4ua1 Opportunity and Affinnative Action. dated April 16. 1975; and of the rules. regulations. and relevant Orders of the Governor. <br /> <br />\4) The contractor and labor unions will furnish all information and reports required by Ex.ecutive Order. Equal Opportunity and Affinnative 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 [0 ascertain compliance with such rules. regulations and orders. <br /> <br />(5) A labor organization will not ex.c1ude any individual othe:rwise qualified from full membership rights in such labor organizations. or ex.pcl any such individuai <br />from membership in such labor organization or discriminate againsr any of its members in the full enjoyment of work opponunlty. because of handicap. race. creed. <br />color. sell. age. national origin. or ancestry. (2~-34-~02 (I) (c)) <br /> <br />(6) A labor organization. or the employees or members the:reof will not aid. abet. incite. compel or coerce the doing of any act defined in this conttaCt to be <br />discriminatory ur obstruct 3ny person from complying with lhe provisions of this comr.lct or any order issued lhereunder. or auempl either directly or indirectly. to <br />commit any act defined in this comrJ.ct to be discriminatory. ( 24434--U)2 (I) (el) <br /> <br />Revised 5191 <br />395.53.01.1021: <br /> <br />Page .2.. of ~ pages <br />