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<br />D. Special provisions (1993 vernioR)
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<br />1. Controller's Approval. This contract shall not be deemed valid until it shaH have been approved by the Controller of the State of Colorado or such
<br />Ustsmnl as he may designate. This ptov~sion is applicable to an)' contract involving the payment of money by the ST^ TB.
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<br />2. Fund Availability. Financial obligations of the Stale of Colorado payable after the current fiscal year are contingent upon funds fOf that purpose being
<br />appropriated, budgeted, and otherwise made available. .
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<br />3. Bond Requirement. If this contract involves the payment of more than fifty thousand dollars for the construction. erection, repair. maintenance, or
<br />improvement of any building, road, bridge. viaduct. tunnel, excavation or other public work for this STATE. the CONTRACTOR shall. before entering upon
<br />the performance orany such work included in this contract, duly execute and deliver to the STATE official who will sign the contract, a good and sufficient
<br />bond or other acceptable surety \0 be approved by said official in a penal sum not less than one-ha\f of the rotal amount payable by the terms or this
<br />contract Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall
<br />provide that if the CONlltACTOR or his subcontractors fait to duty pay for any labor, materials, team hire, sustenance, provisions, provender or other
<br />supplies used or consumed by such CONTRACTOR or his subcontractor in perfonnance of the work contracted to be done or fails to pay any person who
<br />supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in
<br />the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the
<br />CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable 10 the Treasurer
<br />of the State of Colorado may be accepted in lieu ofa.bond. This provision is in compliance with C.RS. 38.26-106.
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<br />4. Indemnification. To the extent authorized by law. the CONTItACTOR shall indenmify, save, and hold hamtless the STATE, its employees and agents,
<br />against any and all claims, damages, liability and court awards including costs, expenses. and attorney fees incurred as a result of any act or omission by
<br />the COlITRACTOR. or its employees, agents, subcontractors, or assignees pursuant to the ~ of this contract
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<br />5. DlscrlmlnatloD And Affirmative Action. The CONTRACTOR agrees to comply with the Jetter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination lUld unfair employment practices (C.R.S. 24-34402), and as required by Execulive Order,
<br />Equal Opportunity and Affinnative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all STA TE contracts or
<br />sub-<:ontracts.
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<br />During the perfonnance of this contract, the CONTRACTOR agrees as follows:
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<br />a) The CONTRACTOR wilt not discriminate against any employee or applicant for employment beause of race, creed, color, national origin, sex,
<br />martial status, religion, ancestry, mental or physical handicap, or age. The CONTRACTOR will take affirmative action to insure that applicants are
<br />employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include,
<br />but not be limited to the following: employment upgrading, demotion, or transfer. recruitment or recruitment advertising; lay-ofTs or terminations;
<br />rates of payor other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
<br />places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-
<br />discrimination clause.
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<br />b) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified
<br />applicants will receive consideration for employment without regard to race. creed, color, national origin, sex, martial status, religion, ancestry,
<br />mental or physical handicap, or age.
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<br />c) The CONrRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract
<br />or understanding, notice to be provided by the contracting officer, ndvising the labor union or workers' representative (If the CONTRACTOR'S
<br />commitment under the Executive Order, Equal Opportunity and Affnmative Action, dated April 16, 1975, and of the rules, regulations, and
<br />relevant Orders of the Governor.
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<br />d) The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative
<br />Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and win permit access to his books,
<br />records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation 10 ascertain
<br />compliance with such rules, regulations and orders.
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<br />e) A labor organization win not exclude any individual otherwise qualified from fun membership rights in such labor organization, or ex.pel any such
<br />individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity
<br />because of race, creed, color, sex, national origin, or ancestry.
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<br />1) A labor organization, or the employees or members thereof wilt not aid, abet, incite, compel or coerce the doing of any :act defined in this contract
<br />(0 be discriminatory or obstruct or preven( any person from complying with the provisions of this contract or any order issued thereunder: or
<br />attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory.
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<br />g) In the event oCtile CONTRACTOR'S non-comptiance with the non.{\iscrimination clauses of this contract or with any of such rules. regulations, or
<br />orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further
<br />STATE contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
<br />the rules, regulations, or orders promulgated in .accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked
<br />as provided in Executive Order, Equal Opportunity and Affinnative Action of April 16,1975, orby rules, regulations, or orders promulgated in
<br />accordance (herewilh, or as otherwise provided by law.
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<br />Page 5 of 6 Pages
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