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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
<br />I. This contract shall not be deemed valid until it shall have been approved by the Coruroller of lhe State of Colorado or such assistant as he may designate. This provision is
<br />applicable to any contract involving the payment of money by the Slale.
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<br />FUND AVAILABILITY
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted, and otherwise
<br />made available.
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<br />BOND REQUIREMENT
<br />J. If this contract involves the payment of more than fifty lhousand dollars for the consll'Uction, erection, repair, maintenance, or improvement of any building, road, bridge,
<br />viaduct, rurmel, excavation or other public work for this State. the contractor shall. before entering upon the performance of any sucb work included in this contract. duly execute and
<br />deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one.half of the total
<br />amount payable by the terms of this contract. Sucb bond shall be duly executed by a qualified corporale surety conditioned upon the faithful performance of the contract and in addition,
<br />shall provide lhat if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions. provendor or other supplies used or conswned by such
<br />contractor or his subcontractor in performance of the work conttaCled to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the
<br />work the surety will pay the same in an amount not exceeding the swn specifaed in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed,
<br />delivered and fiLed, no claim in favor of the contractor arising under such contract shall be audited. allowed or paid. A certified or cashier's check or a bank money order payable to the
<br />Treasurer of the Stale of Colorado may be accepled in lieu of a bond. This provision is in compliance with CRS 38-26-106.
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<br />INDEMNIFICATION
<br />4. To the eXlent authorized by law. the contractor shall indemnify, save, and hold harmless me State, its employees and agents. against any and all claims, damages, liability
<br />and court awards incLuding costs, expenses, and attorney fees incurred as a resuLt of any act or omission by the contractor, or ilS employees, agenlS. subcontractors. or assignees pursuant to
<br />the terms of this contract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />5. The conttaCtor agrees to comply with lhe letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and
<br />unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affumative Action, dated April t6, 1975. PurSf4lPft thereto, the following
<br />provisiofU shall be contained in ail State contracts or sub-cOlttracts.
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<br />During the perfonnance of lhis contract, the contractor agrees as follows:
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<br />(a) The contractor win not discriminate against any employee or applicant for employment because of race, creed, color. national origin, sex, marital status, religion, ancestry, mental or
<br />physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the
<br />above mentioned characteristics. Such action shaU include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruiunent advenisings;
<br />lay-offs or terminations; rates of payor other forms of compensation; and selection 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 provisions of this non-discrirnination clause.
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<br />(b) The contractor will, in all solicitations or advenisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for
<br />employment without regard to race, creed., color, national origin, sell, marital status, religion, ancestry. mental or physical handicap, or age.
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<br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding. notice to be
<br />provided by the contraCting offICer, advising the labor union or work:ers' representative of the contractor's conunitment under the Executive Order, Equal Opportunity and Affirmative
<br />Action, dated April t6, 1975, and rules, regulations, and relevant Orders oftbe Governor.
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<br />(d) The contractor and labor unions will furnish all information and repons required by Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules,
<br />regulations and. Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his
<br />designee for purposes of investigation to ascertain compliance with such rules regulations and orders.
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<br />(e) A labor organization will not exclude any individual otherwise qualifaed from full membership rights in such labor organization, or expel any such individual from membership in
<br />such labor organization or discriminate against any of its members in the full enjoyment wort opportunity because of race, creed, color. sex, national origin, or ancestry.
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<br />(0 A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defmed in this contract to be discriminatory or obstruct or
<br />prevent any person from complying with the provision of this conuact or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract
<br />to be discriminatory.
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<br />(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this conttaCt or with any of such rules. regulations. or orders, this contract may be canceled,
<br />terminated or suspended in whole or in part and the contractor may be declared ineligible for further State COntraclS in accordance wilh procedures, authorized in Executive Order, Equal
<br />Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and
<br />remedies as may be invoked as provided in Executive Orders, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance
<br />therewilh. or as otherwise provided by law.
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<br />(h) The contractor wUl include the provisions of paragraphs (a) through (h) in every sub-contraCt and 5Ubcontractor pwchase order unless exempted by rules, regulations, or orders issued
<br />pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor
<br />will take such action with respect to any sub-conuacting or purcbase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-
<br />compliance; provided, however. that in the event the contractor becomes involved in, or is threatened with. litigation, with the subcontractor or vendor as a result of such direction by the
<br />contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
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