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<br />Form 6-A('.U21l <br /> <br />. <br /> <br />SPECIAL I'ROVISION_ <br /> <br />CONTROI,LEft'S APl'ftOYAL <br /> <br />J. This etll1truct ShOll] not he deemed valid until it shall hRve been approved by the Controller of the State of <br />Colorad0 or such assistant 8.~ h(' may designale. This provision is applicable to any contract involving the pay- <br />ment of mone}' by the State. <br /> <br />FUND AYAILAIIILI1'Y <br /> <br />2. Financial (}hli~ations (If the State payable after the current fiscal year arc contingent upon funds for that <br />purpose being appmprialed. hud~l'tcd ,md otherwise made availahle. <br /> <br />BOND J{F,QIJIItEMENT <br /> <br />3. If this ct)nlrnct invtllve.~ the payment of more than fifty thousand dollars for the construction, erection, <br />repair, maintennnce. or improvcment of nny huilding, road. bridge. viaduct. tunnel. excavation or other public <br />works for this Stale. Ihe wntrat:tor shall. before enlering the performance of any such work included in this con- <br />traCt. duly execute and deliver to and file with the official whose signature nppears below for the State, a good <br />and suflicient hond or 0ther acceptable surety to be approved by said official in a penal sum not less than one- <br />half of the InIal amnunt p:lY<Jhle hy the terms of this contract. Such bond shall be duly executed by a qualified <br />corporate surety, conditioned fell the due and faithful performance of the contract. and in addition, shall provide <br />that if thc cnnlr:lclor or hi:: .~llhcontrnclors fail to duly pay for any labor. materials, team hire. sustenance. pro- <br />vi,<;ions, pro\'cnd1lr (II' olher Sllpplic~ used or cl1l1sumed by such contractor or his subcontractor in performance of <br />the work cOlltrllclt'd 10 he done, the surety will pay the same in an amount not exceeding the sum specified in the <br />bond, together with inlerc.~t at Ihe rate of ei!!ht per cent per annum. Unless such bond. when so required, is <br />executed, oeliveTl'd nnd riled. no claim in favor of the cnntmctor arising under this contract shall be audited, <br />allowed or paid. A certified or cashier"s check or a hank money order payable to the Treasurer of the State of <br />Colorado Illay be accepted in licu of a bond. This provision is in compliance with 38-26~106 CRS, as <br />amended. <br /> <br />INIlEMNlliICA'I'ION <br /> <br />4. To the ex lent authorized hy law, the contractor shall indemnify. save and hold harmless the State. its <br />employc:::s and a!!ents. ag.ainst any and all claims. damages, liability and court awards including costs, expenses, <br />and allorncy fees incurred as a result of any nct or umission hy the contractor. or its employees. agents, subcon- <br />tractorS. lIT assignees purSU,l1lt to the lerms of this contract. <br /> <br />DISCRIMINATION ANIl AFFIltMATIVE ACTION <br /> <br />5. The contractor agrees 10 comply wilh the lettcr and spirit of the Colorado Antidiscrimination Actof 1957, <br />as amended. nnd other applicable law respecting discrimination and unfair employment practices (24-34-402. <br />CRS IYR2 Repl<lcemCnl Vo1.), and as required hy Executivc Order, Equal Opportunity and Affirmative Action. <br />dated April 16. 1975. Pursuant ,hereto, rhe following prol'isions shall be contained in all State contracts or <br />sub-cqmracts. <br /> <br />puring the perf(lTmnnce of this contract, the contraclor agrees as 10110ws: <br /> <br />(I) The wntractor will nol discriminate :.Jg.ninst any employee or applicant for employment because of <br />wee. creed. color. Mtional origin. sex, marital status, religion. ancestry. mental or physical handicap. or <br />.ge. The conlract0T will takc <Jmnnative action to insure that applicants are employed, and that employees <br />.fe treated during cmployment, without regard to the ahove mentioned characteristics. Such action shall <br />include, but not he limited tn tht" following: emrloyment. upgrading, demotion, or lransfer, recruitment or <br />fecruitl11Cll! ad\"ertisil1~: laY..(lfL~ or terminations: rates of payor other forms of compensation; and selec- <br />linn tIll' tr;lining. IIlcluding apprenticeship. The contractor agrees to post in conspicuous places. available <br />tD employees and applicants for employment. notices to be provided by the contracting officer setting forth <br />provisions of this non-discrimination clause. <br /> <br />(2) The ('(mtractn!" will. in all snlkitations or advertisements for employees placed by or on behalf of the <br />conlr:Jetnr, stnte that all qualified applicants will receive consideration for employment without regard to <br />race. creed, color, national urig.in, sex, marital status, religion. ancestry, mental or physical <br />handicap, or nge, <br /> <br />(J I The Cl111tractnr ,,'ill ~end to each labor union or representative of workers with which he has collective <br />oalgain;ng. agreement or other contract or undcrstanding. notice to be provided by the contracting officer, <br />ad\'isin[: the l;tbnr Il1Iilln or workers' representative of the contractor's committmem under the Executive <br />Order, Equal Opportunity and Allinnative Action, dated April 16. 1975, and of the rules, regulations. and <br />relevant Orders of the Governor. <br /> <br />(4) The cnntraclur amllahnr unions will furnish all information and reports required by Executive Order. <br />Equal OpronunilY and Aflirmative Action of April 16. 1975. and by the rules. regulations and Orders of <br />the Governor. or pursuantthercto. and will permit access to his books. records. and accounts by the con- <br />tracling agenc}' and the office of the Governor or his designee for purposes of investigation to ascertain <br />compliance with such rules, regula lions and orders. <br /> <br />(5) A labor org.anir.ntion will not exclude any individual otherwise qualified from full membership rights in <br />such lahm or!!ani1.l\lion. or expel :ll1Y such individual from membership in such labor organization or dis- <br />criminate against any 01 its members in the full enjoyment of work opportunity, because of race. creed. <br />color. sex. national origin. or <Incestry, <br /> <br />((1) ^ I:lhor nrg:lI1i/alion. or the employees or membcrs thercofwill not aid. abet, incile. compel or coerce <br />the (hing of any act delincd in this contract to be discriminatory or obstruct or prevent any person from <br />complying with !he provisions of this contraCl or any order issued thereunder: or attempt, either directly or <br />indirectly. tll commit any acl defined in this contract to be discriminatory. <br /> <br />395-5J (1I..1O~~ <br />Revised II-H) <br /> <br />p:l!!e <br /> <br />5 <br /> <br />of 6 <br /> <br />pages <br />