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<br />. CONTROLLER'S APPROVAL <br /> <br />SPECIAL PROVISIONS <br /> <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the Stale of Colorado or such assislanl as be may designate. This <br />provision is applicable to any contract involving tbe payment of money by the Stale. <br /> <br />FUND A V AILABILlTY <br /> <br />2. Financial obligations of the State of Colorado payable after the currenl fiscal year are contingent upon funds for that purpose being appropriated. budgeted. <br />and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the payment of more than fifty thousand dollars for the construction. erection. repair. maintenance. or improvemcnI of any building, <br />road. bridge. viaduct. tunnel. excavation or other public work for this Stale. the contractor shall. before entering upon the performance of any such work: included <br />in this contract. duly execute and deliver to the State official who will sign the conlract. a good and sufficient bond or other acceptable surety to be approved by <br />said official in a penal sum not less than one.half of the total amouO( payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate <br />surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any <br />labor. materials, team hire, sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work <br />contracted 10 be done or fails to pay any person who supplies rental machinery. tools. or equipment in the prosecution of the work the surety will pay the same in <br />an amount nOI exceeding the sum specified in the bond. together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and <br />filed. no claim in favor of the contractor arising under such conlract shaH be audited, allowed or paid. A certified or cashier's check or a bank money order payable <br />to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38.26.106. <br /> <br />INDEMNIFlCA TlON <br /> <br />4. To.the extenl 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 /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. n.e 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 unCair employment practices (CRS 24.34402). and as required by Executive Order. Equal Opportunity and Affirmative Action, dated April 16, <br />. 1975. Pursuant lhruto, thr following provisions shaU br contaiMd in aU State contracts or sub.contracts. <br /> <br />During Ihe perfonnance of this contract. the conlractor agrees as follows: <br /> <br />(a) The contractor will nOI discriminate against any employee or applicant for employment because of race, creed. color. national origin. sex. <br />marital status. religion. ancestry. mental or physical handicap. or age. The contractor will take affinnative action to insure that applicants ace employed, and that <br />employees are treated during employment. without regard to Ihe above mentioned characteristics. Such action shall inc:~ude. bul nOI be limited 10 the following: <br />employment upgrading. demotion. or transfer. recruitment or recruiunem advertisings: lay--offs or terminations; rates of payor other fonns of compensation: and <br />seleclion for training. including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment. <br />notices to be provided by the contracting officer selling forth provisions of this non-discrimination clause. <br /> <br />(h) The contractor will. in all solicitations or advertisemenls for employees placed by or on behalf of the contractor, state thaI all qualified applicants will <br />receive consideration foremployn.ent without regard to r~ce. creed. color. national origin, sex. marital status, religion. ancestry. mental or physical handicap. <br />or age. <br /> <br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agre~ment or other contract or <br />understanding. notice to be provided by the contracting officer. advising the labor union or workers' representative of the contraclor's commitment under the <br />Executive Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. and of the rules, regulations. and relevant Orders of the Governor. <br /> <br />(d) The contractor and labor unions will furnish all infonnation and reports required by Executive Order. Equal Opponunity and Affirmative Action of April <br />16. 1975. and by ~he rules. regulations and Orders of the Governor. or pursuant thereto. and will pennit access to his books. r('cords, and accounts by Ihe <br />contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules. regulations and orders. <br /> <br />(e) A labor organization will not exclude any individual O[herwise qualified from full membership rights in such larororganizatiol'. (If c>..pel any ..uch individual <br />Cram 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 /> <br />(f) A labor organization. or the employees or members thereof will not aid. abet. incite. compel or coerce the doing of any a("1 Jdined in this cOnlract to be <br />discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued lhereuRlkr: or J.t1empt. either dire.:tly <br />or indirecdy. to commit any act defined in this contract to be discriminatory. <br /> <br />. <br /> <br />Form 6.AC-02B <br />Revil'ed 1/93 <br />395.5).01_1021 <br /> <br />page: IL ofli pagel' <br />