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<br />Fllrm 6-AC-02B <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />I. This conlrac(shall not be deemed valid until il shall have beeu approved by the ControlJerofthe State of Colorado or such assistant as he may designate, This <br />provision is applicable to IIIIY contract involving the payment of money by the State, <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations ofthe State payable after the current fiscal year are contingent upon funds for thai purpoSe being appropriated, budgeted and otherwise <br />made available, <br /> <br />,BOND REQUIREMENT <br /> <br />3, If this conltact involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement ofany building, <br />road, 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 <br />contract, duly execute and deliverto and file with the official whose signature appears b'elow for the State, a good and sufficient bond or other acceptable surety to be <br />approved by said official in a penal sum not less than one-hlllf of the total amount payable by the terms oflhis contract. Such bond shall be duly executed by a <br />qualified corporate surety, conditioned forthc due and faithful perfonnance of the contract, and in addilion, shall provide that if the conlractoror his subcontractors <br />fail to duly pay for any labor, materials,team hire, sustenance, provisions, pto\'endororother supplies lIsed orcollsumed by such contractor or his subcontractor in <br />perfomlRnce of the work contracted to be done, the surety will pay the samc in on amount not e~ceeding the sum specified in the bond, together with interest at the <br />rate of eight per cent per annum, Unless such bond, when so required, is e~ecu\ed, delil'ered and filed, no claim in favor of the contractor arising under this contract <br />shall be audited, allowed or paid. A certified orcashier's check or II bank money order payablc tothe Trcasurerofthe State of Colorado may be accepted in lieu ofa <br />bond. This provision is in compliance with 38-26.106 CRS, as amended. <br /> <br />INDEMNIFICATION <br /> <br />4. To the extent authorized by law, the conltactor shall indemnify, sare and hold harnlless the State, its employees and agents, against any and all claims, <br />damages, liability and court awards including costs, eKpenses, and atl~)Il'ey fees incuITed as a result of any act or omission by the contractor, or its employees, <br />agents, subcontractors, or assignees pursuant to the teoos of this contract. <br /> <br />DlSCR.lI\UNATION AND AFFIRMATIVE ACTION <br /> <br />5, The contractor agrees to comply with the leller and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting <br />discrimination and unfair employmenl practices (24-34-402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirma- <br />tive Action, dated April 16, 1975. Pursualll (here/c, lite !oflou'illK prol';sirll/s shall hI' cOlllaillt'd ill all Stale COll/racts or sllb-COlllrar/s. <br />During the performance of this contract, the contractor agrees as follows: <br />(I) Tile contractor will not discriminate against any employee or applicant for employment because or race, creed, color, national origin, sex, marital status, <br />religion, ancestry, mental or physical handicap, or age. The contractor will take affirmntive action to insure that applicants are employed, and that employees are <br />trealcd during employment, without regard to the above mentionetl characteristics. Such Dction $hall inclutle, but not be limited to the following: employment, <br />upgrading, demotion, or transfer, recruitment or recruitment ad\.ertising: fay-offs or tcnninaliolls: rates of pay or other fonns of compensation: and selection for <br />trnining, includillg apprenticeship, The contractor agrees to post in conspicuous places, al'ailahle tll employees and applicants for employment, notices to be pro- <br />vided by the contrncting olllcer selling forth pro"isions of Ihis non.discrimination clause. <br />(2) The contractor will, in all solicitations or advertisemcnts for employecs placed by oron behalf oflhe contractor, state that all qualified applicants will receive <br />consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or <br />age. <br />(3) The contractor will send to each labor union or reprcsentative of workers wilh which he has collective bargaining agreement or other contract or understand- <br />ing, notice to be provided by the contracting officer, advising the labor union or workers' reprcsentative of the contractor's commitment under the Executive <br />Order, Equal Opportunity and Affiooative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor, <br />(4) The contractor and labor unions will furnish all infom1ation and reports rcquired by EXccllti\'e Order, Equal Opportunity and Affiooalive Action of April 16, <br />1975, and by the rules, regulations and Orders of the Go\'ernor, or pursuant thereto. and will permit access to his books, records, and accounts by the contracting <br />agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. <br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expt'1 any such indi"idual <br />from 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 />(6) A labol' organization, or the employees or members thereof will not aid, abet, incitc, compel or coerce the doing of any act defined in this contract to be dis. <br />criminatory or obstruct or prevent any person from complying with the pro\"isions of Ihis contract or an)' order issued thereunder; or allempt either directly or <br />indireclfy, to commit any act defined in this contract to be discriminatory. <br /> <br />395-53-01-1022 <br />Revised 1/88 <br /> <br />page~ of _~ pages <br /> <br />o..tO-lJIl61.88 <br />