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<br />,,-, F.~6-'C-02. SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />1. This contract shall nOl l1e deemed valid until it shall have been approved by the Controller of the State of <br />Colorado or such assistant as )1e may designate. This provision is applicable to any contract involving the pay- <br />ment of money by the State. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted and otherwise made available. <br /> <br />BOND REQIDREMENT <br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, er~ction, <br />repair, maintenance, or impro.;ement of any building, road, bridge, viaduct, tunnel, excavation or other public <br />works for this State, the contractor shall, before entering the penonuance of any such work included in this con~ <br />tract, duly execute and deliver to and file with the officiaJ whose signature appears below for the State, a good <br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one- <br />half of the total amount payable by the tenus of this contract. Such bond Shllll be duly executed by a qualified <br />corporate surety, conditioned for the due and faithful perfonnance of the contract, and in addition, shall provide <br />that if the cOntractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro- <br />visions, provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance of <br />the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the <br />bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is <br />executed, delivered and filed, ItO claim in favor of the contractor arising umier this contract shall be audited, <br />allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of <br />Colorado may be accepted ill lieu of a bond. This provision is in compliance with 38~26-106 CRS, as <br />amended. <br /> <br />INDEMNIFICATION <br /> <br />4. To the extent authorizeO by law, the contractor shall indemnify, saW and hold hannless the State, its <br />employees and agents, against any and all claims, damages, liability and court awards inclUding costs, expenses, <br />and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon- <br />tractors, or assignees pursuant to the tenns of this contract. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />'. <br /> <br />5. The contractor agrees to ~omply with the letter and spirit of the ColoradD Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discrimination and unfair ernployment practices (24-34-402. <br />CRS 1982 Replacement VoL), and as required by Executive Order, Equal Opportunity and Affinnative Action, <br />dated April 16, 1975. Pursuant thereto, the/ollowing provisions shall be contained in all State cOlltracts or <br />sub-contracts. . <br /> <br />During the penonnance ()f this contract, the contractor agrees as follOWS: <br /> <br />(1) The contractor will not discriminate against any employee or applicant for employment because of <br />race, creed, color, national origin, sex, marital status, religion, ancestry/ mental or physical handicap, or <br />age. The contractor will ta"e affinnative action to insure that applicants are employed, and that employees <br />are treated during employment, without regard to the above mentioned characteristics. Such action shall <br />include, but not be limited to the following: employment, upgrading, den1otion, or transfer, recruitment or <br />recruilnJ.ent advertising; lay-ofTs or tenninations; rates of payor other forms of compensation; and selec- <br />tion 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 tlte contracting officer setting forth <br />provisions of this non-disprimination clause. <br /> <br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the <br />contractor, state that all qvalified applicants will receive consideration for employment without regard to <br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical <br />handicap, or age. <br /> <br />(3) The contractor will seftd to each labor union or representative of workers with which he has collective <br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, <br />advising the labor union o( workers' representative of the contractor's committment under the Executive <br />Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and oftne rules, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) The contractor and lat:1Or unions will furnish all infonnation and reports required by Executive Order, <br />Equal Opportunity and Atfinnative Action of April 16, 1975, and by the: rules, regulations and Orders of <br />the Governor, or pursuant thereto, and will pennit access to his books, records, and accounts by the con- <br />tracting agency and the of/ice of the Governor or his designee for purpOses of investigation to ascertain <br />compliance with such ruleS, regulations and orders. <br /> <br />(5) A labor organization will not exclude any individual otherwise qualilied from fu]1 membership rights in <br />such labor organization, or expel any such individual from membership in such labor organization or dis- <br />criminate against any of its members in the full enjoyment of work oppOrtunity, because of race, creed, <br />color, Sex, national origin, or ancestry. <br /> <br />(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce <br />the doing of any act defined in this contract to be discriminatory or obs~rucl or prevent any person from <br />complying with the provisions of this contract or any order issued thereunder, or attempt, either directly or <br />indirectly, to commit any act defined in this contract to be discriminatory, <br /> <br />395-53-01-1022 <br />Revised 11-85 <br /> <br />page ~ of 1.~ pages <br />