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<br />, . <br /> <br />} <br />l <) <br /> <br />\ <br /> <br />fonn 6~AC.02B <br /> <br />SPECUL PROVISIONS <br /> <br />CO:>'TROLLER'S APPRO"ll <br /> <br />1. This contracl shall not be deemed"valid until it shall have been approved by the Controller of the State: of Colorado or such assiSlant as he may designate. This <br />provision is applicable to any contract involving the-payment of money by the State. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State payable after the CUlTent fiscal. year art"contingent upon funds for that purpo~ being approprialtd.. budgeted and otherwise <br />made available. <br /> <br />BOND REQUIREME:>'T <br /> <br />j. Iflhis contract invoh"cs the payment of morc than fifty thousand dollars for the construction. erection. repair. maintenance. or improvement of any building.. <br />road. bridge. \"jaduCl. lunnei. excav3.tion or other. public 'Works for this State. the contractor shall. before entering the pel;orm.ance oi an)' such work included in this <br />contract., duly execute and deliver to and file with the official whose signature appears below for the State. a good and sufficient bond or other acceptable surety to be <br />approved b)' said official in 3 penal sum nOlle~l> than one-half afthe total 3Iltount payable by the terms OJ'this contract.. Such bond shall be duly executed by a <br />qualified corporate surety. conditioned forthedue and faithful penormance of tile contract. and in addition. shall provide that if the contracwror his subcontractors <br />fail to duly pay for any labor. materials. team hin:. suStenance..provislons, provendor or other supplies used or consumed by such contracwror his subcontraCtor in <br />performance or" the work contr<:acted to be done. the surety will pay the same in an amount not exceeding the sum specified in the bond. tOgether with inte~st at the <br />rate of eight per cent per annum. t,;nless such bond. when so required. is executed. delivered and filed. no daim in favor of me contractor arising under this contract <br />shall be audited. allowed or p.:aid. A cenified or cashier"s check or a bank. money order payable to the Treasurer of the State of Colorado may DC: accepted in lieu of a <br />bond. This provision is in compiiance with 38-26-106 CRS. as amtnded. <br /> <br />INDEM~'lFICAnON <br /> <br />4, TCI the extent authOrized by law. the contracto~ shall ind.emnify. save ~d hold harmless the State. its employees and a~ents. against any and. all c1auns, <br />damages. liability and coun au'arCs including COSts. expenses. and anomey fees incurred as a result of any act or omission by the contractor. or its employees. <br />agents. SUDconDilCtOrs. or. assignees pwsuant to the terms or this contract. <br /> <br />DISCRnITh'ATION Al'm AFFIRMATIVE ACTION <br /> <br />:. The contractor a~ees to comply with the lener and spirit of the Colorado Antidiscrimination Act of 1957. as arnend~. and other appiicable law respecting <br />discriminauon anduniairempioyment practices (2~3.4-402. CRS 198: Repla.cement Vo!.). and as reqUIred by Executive Order. Equal Opportunity and Affmna. <br />tive Action. dated April 16. 197.5..Purmontlherelo. lile follo.....ing prowsions snail be contained in all Slole 'tontTaCIS or SUlrcOnfTaClS. . <br /> <br />. .' . <br />Durin; the Penormat!cc. oi. this con~ct.. the .contractor agrees as follows: <br /> <br />Ii} Tne co~r will not di;cnmiliate' ag8mst an)' employee .or ~ppli~t for e~ploYmen~ because oi race. creed. color. national origin. sex. marital status. <br />reiigion. ancestry. mentai or physiCal handicap_or. age. The contractor will tUe. ailinnative actiOn .to}ns:ure that applicanOi are employed. ana that empioyees are <br />treated dunng employment.',withOUl reprd lO.the above menti<?n~ characteristics. Such action shall include. but not be: iimiled to the following: employment. <br />upgmoin;. Qemorion~ or transier..recruitmeDl'"Or recroiunent advertising: la);-oifs or tennmatlOns: rates oi payor. other tonns oi compensation: and selection ior <br />tr:lining. includ~ng apprenuccship.' Tne contractOr,agrees to post in ronspicuous piaces..a\'3iiable to employees anci applicants for empioyment. notices to be pro- <br />vided by the contractlng.'officer.setting fonh provisions or" this non-<iiscnrrunation ciause. <br /> <br />(:! I The contr:lctor will. in all soiicltaaons or ach'entsementS for employees t'iaced by oron behalf oime contractor. State that all qualified applicants will receive <br />consideration for empioyment without regard to race. creed. color. natiollai origin. sa. marital Status. reiigion. ance.suy, mental or physical h.andicap, or <br />ag.e, <br /> <br />(3) The contractor will send to each labor union or representative of workers with which he has collective. barg.aining a~meOt or other contract or understand- <br />ing. notice to be provided b)' the conttaCWIg. officer. advismg. the labor URton or workm. representative of the comractor.s commitment under the Executive <br />Orde:,. Equal Opponunity and Affirmative ActiOn. dated April 16. 197~. and oithe ruies, regulations. and reievant Orders of the Govemor. <br /> <br />(41 The COntractor and labor unions will furnish aU inionnation and reportS required by Executive Ord,er. Equal OpponUOi()' and Affinnative Action of April 1 c. <br />1975. and b~' the rules. re~ul:ltlons and Orders or the Governor. or pursuant thereto. and \\ill pennit access to his books. records. and accounts by the contracting <br />agency and the offace Cf the Governor or his designee for ;)Urposes 0; iO\'esugauon to ascertain compiiance ......Itr. such rules. regulations and oroers. <br /> <br />(5) ..',. iaootorganization \,,:il1 not exclude any IOdi\'iduai otherwise Qualified from full membership rig.hts in such labor organiz.ation. or expei an)' such individuai <br />rr-om memoershlp in sucn labor orpnizatlon or Ciscnminate agatOsl any oj its members in the full enjoyment oj work opponunity, because oj race, creed. caior, <br />sex. nauonal ongin. or J.OcesU')'. <br /> <br />16i A labor oreaniz.ation. or the emplovees or members thereofwiU not aid, :loet. incite. comoel or cOerce the aoinl! oj any act defmed in this contract to be dis- <br />crimtOatory or ""obstruct or prevent any'person irom compiymg: with the piOyisions ofmis co~tract or any order iss~ed th~reunder: or anempt either directiy 0, <br />indirecuy, to commit any :lCt deiined in this contract to be discnminatol"Y. <br /> <br />395-53-01-102:: <br />Re~'lsed 1/88 <br /> <br />o ,4 <br />p:l\?C ~ 01 ---=--- pages <br /> <br />::>c.IO.=~O""'''! <br />