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<br />Form 6-AC-OtB <br /> <br />~ <br /> <br />SPECIAL PRuVISIONf' <br /> <br />,> <br /> <br />COI\'TROLLER'S APPROVAL <br /> <br />I. This contract shall not be deemed valid until it shall have been aJ7proved by the Controller of the State of <br />Colorado or such assistanl as he may designate. This provision is applicable to any contract involving the pay- <br />ment of money by the State. <br /> <br />FVND A V AILABILI1'Y <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 orherwise made available. <br /> <br />BOND REQillREMEI\'T <br /> <br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, <br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public <br />works for this State, the contractor shall, before entering the performance of any such work inch.lded in this con- <br />tract, duly execute and deliver to and file with the official whose signatLlre 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 p<iyable by the terms of this contract. Such bond shall be duly executed by a qualified <br />corporale SUret~.. conditiofled for the due and faitl1ful performance of the contract. and in addition, shall provide <br />thaI if the cumrac{or or hi5 subcontractors fail to duly PRY for any labor, materials. team hire. sustenance. pro- <br />visions, provelldor or other supplies used or consumed by such contractOr or his ~ubcontractor in perfon:nance of <br />the worl-:: contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the <br />bood, together with interest at the rate of eight per ce'nt per annum. Unless such bond, when so required, is <br />executed, delivered and filed, no claim in favor of the contractor arising under 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 in lieu of a bond. This provision is in compliance with 38-26~106 CRS, as <br />amended. <br /> <br />INJ)EMNlFICATION <br /> <br />4. To the extent authorized by Jaw, the contractor shall indemnify, save 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 terms of tbis contract. <br /> <br />DISCRIMINATION AND AFFIRMATIVE-ACTION <br /> <br />5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discrimination and unf<tir employment practices (24-34-402. <br />CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, <br />dated April 16, 1975. Pursuant thereto, the following provisions shalll'e contained in all State contracts or <br />sub-contracts. <br /> <br />During the performartce of 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 physica.l handicap, or <br />age. The contractor wjl! take affinnative action to insure that applicants are employed, and that employees <br />are treated during employment, without regard to the above mentio.ned characteristics. Such action shall <br />include, but not be limited to the following: employment. upgrading. demotion, or transfer. recruiunent or <br />recruitment advertising: lay-offs or terminatiDns; rates of payor other forms of compensation; and selec- <br />tion for training. including apprenticeship. Tbe contractor agrees to pOSt in conspicuous plllces, available <br />to 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 COntraClOr will. in all solicitations or advertisements for employees placed by or 00 behalf of the <br />contractor. state that all qualified 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 />(31 The COntractor will s~nd to each labor union or representative of workers with which he has collective <br />bargaining agreemem or other contract or understanding, notice to b~ pro\'ided by the contracting officer. <br />ad\'ising the labor union or workers' reFresentative of the contractor'S committment under the Executi\'e <br />Order. Equal OpPorlU{lity and Affinnative Action. dated April ]6, 1975. and of the rules. re}ulations. and <br />relevant Orders of the Governor. <br /> <br />(..+) The contractor and labor ullions will furnish all intormarion and (epom required by Executive Order, <br />Equal Opportunity and Affirmative Action of April 16, 1975. and by the rules. regulations ~d Orders of <br />the Go\"crnor. or pursuant thereto. and will permit access to his book-So records. and accounts by the con- <br />tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain <br />cumpliance WJlh such rules. regulations and orders. <br /> <br />(5) A labor organizati,1D will not exclude any individual otherwise qualified from full membership rights in <br />""..::h l.:lhor organizatlt1n. or expel any such individual from membership in such labor organization or dis- <br />.:rimin",t.: <.lg:ainst :L'l~' (If its members in the rvl! enjoyment of .....ork (.1ppotlunity, because of race. creed. <br />~'(ll('r. SC.\. national origin. or ancestTV. <br /> <br />(6) A labor organization. or the employees or members thereof will not aid. abet. incite. compel or ,"oerce <br />the J~ing. of any act delined in this COntract to be discriminatory or (lbstruct or pre\'ent any person from <br />complying with the pro\'isions of this contract or any order issued thereunder: or attempt. either directly or <br />Indirect]y. 10 commit any act defined in this contract to be discriminatory. <br /> <br />395-S.i.OI-1022 <br />Rc\'iscd 11-85 <br /> <br />page <br /> <br />2 <br /> <br />of <br /> <br />3 <br /> <br />pages <br />