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<br />Form6-AC-02R
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<br />SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />I. This cOntract shall not be deemed valid until it shall have been approved by fhe Controller of the Sfate of Co Iota do or such assistanf as he may designate. This
<br />provision is applicable to any contracl involving the payment of money by the State. .
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<br />FUND AY AILABILlTY
<br />2. Financial obligations of the Slll:te payable afrer the fiscal year are contingent upon funds for that purpose being appropriated, bu~geted -and otherwise made
<br />available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involved the payment of more than fifty thousand dollars for the construction. erection, repair, maintenance, or improvement of any building, road,
<br />bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this contract,
<br />duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or Olher acceptable surety to be approved
<br />by said official in a penal sum not less than one-half of the fotal amount payable by the lenns of this contract Such bond shall be duly ex;ecute by a qualified corporate
<br />surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide tbat if the contractor or his subcol1tracfo~s fail to duly pay for any
<br />labor, materials, team hire, sustenance, provisions, proveljdor or other supplies used or consumed by such contractor or his subcontractor in perfonnance of the work
<br />contracted to be dOile, the surety will pay the same in an amount not ex;ceeding the sum specified in the bond, together with interest at dle rate of eight per cent per
<br />ll11num. Untess such bond, when so required, is e1;ecuted., delivered aud tiled, 1\(\ claim [1\ favor or tl1.e controctQl" lUisil\g \lI\dcr this cootract shall be audited, alk1wed or
<br />paid. A certified or cashier's check or a bank money order payable 10 the Treasurer of Ihe State or Colorado may be accepted in lieu of a bond. This provision is in
<br />compliance with,3S.26-106 eRS, \lS amended.
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<br />INDEMNIFICATION
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<br />4. To the ex;tent ;luthori7.ed by law, the contractor shalliJ1demilify, save and hold harmless the State. its employees and agents, agaiJ1st ailY and all claims, damages,
<br />liability 'MIdcaun a.....\l.NS includini CO'iot'i., el'.penses, and anmney fees incurred as a result of al\] act or omission by the conlraCtor, orits employees, agents, subcomractors,
<br />orassignec:spursuanttothetennsofthiscomraCl.
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<br />PISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discriminalion and unfair employment practices (24.34-402. eRS 19811 Replacement Vo!.), and as required by ExecUlive Order, Equal Opportunity and Affinnative
<br />Action, dated April 16, 1975. Pu~uam thereto, the fOflowing proviSions shall be tontained in all Stale contraclS or sulH;onlracts.
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<br />During the perfonnance of this conltilCl, the contractor a8rees as follows;
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<br />(I) TltecomraclOr will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex;, marital status, religion.
<br />anceS\ry, mentall1r physicalllandicap, or age. The contractor will take affinnative aclion to insure that applicants are employed, and ttlat employees are treated
<br />during employmerlt, without regard to the above menlioiled characteristics_ Such action shall include, but not be limited to the following; employment, up~ding,
<br />demotion, or transfer, recruitment or recruitment advertising; -lay-offs or terminations; rates of payor other fonns of compensation; and selection for training,
<br />inclUding apprenticeship. the contractor agrees 10 post in conspicuous places,.avaiJable 10 employees and applicants for employment.
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<br />2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the cl1ntractor, state that all quaHfil!d applicants wilt reeeive
<br />consideration forempioyment ~ithout regard to race, creed, color, ilational origin, sex;, marital stlllus, religion, ancestry, mental or physical handicap, or age.
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<br />(3) The contraclor will send to each lal>orunion orrepresenlativeofworkers with which he has collective bargaining agreementsorotherconlrllCt or understanding..
<br />l'IOtice to be p1()\1ided by \he contractiilg officer, advertisiog the labor union or workers' representative of the contractor's commitment under the Executive Order,
<br />Equal Opponunlly and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor,
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<br />(4) The contractor and labor unions will furnish all infonnation and reports required by Executive Order, Equal Opportunity and Affinnallve Action of April 16,
<br />1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will pem1it access to his books, records, and a!XOunts by the contracting
<br />agency and the office of the Governor or his desi8nee for purposes of investigation to ascertain compliance with such rules, regulations and orders,
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<br />(5) A labor organization will not ex;c1ude any individual ~lherwise qualified from full membership rights in such labor organizations, or eXpel any such individual
<br />from membership if! such labororganitD-lion or discriminafe against anyof its members in the full enjoyment of work opportunity, be(:ause of handicap, race, creed,
<br />color, sex, age, national origin, or ancestry. (24.34-402 (I) (c))
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<br />(6) A labor organiZlltion, or ttle employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defil\Cd in this contract to be
<br />discriminatory or obstruct any person from complying with the provisions of this Contract or any order issued thereunder; or attempt either directly or indirectlY. to
<br />commit any act defiiled in this contracllO be discriminaloJ)'. (24-34--402 (1) (e))
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<br />Revised5/91
<br />395-53.01_1022
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<br />Page 4 of 5 pages
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