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1-< - . ~, ': , Form 6-AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otheI'VIise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than ruty thousand dollars for the construction. erection. repair. maintenance, or improvement of any building, 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 contract. duly execute and deliver to and file with the ollicial whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety. conditioned for the due and faithful performance of the contract. and in addition. shall provide that if the contractor or his subcontractors fail to duly pay for any jabor. materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the rate of eight per cent per annum. Unless such bond. when so required. is executed. delivered and filed. no claim in favor of the contractor arising under this contract shall be audited. allowed or p3id. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26~lO6 CRS. as amended. INDEMNIFICATION 4. To the extem authorized by law. the contractor shall indemnify, save and hold harmless the State. its employees and agents. against any and all claims. damages. liability and court awards including costs. expenses. and attorney fees incurred as a result of any act or omission by the contractor. or its employees. agems. subcontractors. or assignc~s pursuant to the terms of this contract. DISCRI~IINATION AND AFFIRMATIVE ACTION 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. discrimination and unfairemplcymem practices (24-34-~02. CRS 1982 Replacement Vo1.), and as required by Executive Order. Equal Opportunity and Affirma- tive Action. dated April 16. 1975. Pursuant thereto. (he foiloll'ing prol'isions shall be contained in ail State contracts or sub-contracts. During the performance of this contract. the contractor agrees as follows: (I) The contractor will nOl discriminate against any employee or applicant for employment because of race. creed. color. national origin. sex. marital status. religion. ancestry. mental or physical handicap. or age. The contractor will take affirmative action to insure that applicants are employed. and that employees are treated during employment. without regard to the above mentioned characteristics. Such action shall include. but not be limited to the following: employment. upgrading. demotion. or transfer. recruitment or recruitment advertising; lay-offs orterminations; rates of payor other forms of compensation: and selection for training, including apprent:ceship. Thc contractor agrees to post in conspicuous places, available to employees and applicants for employment. notices to be pro- \'ided by the contracting. olliccr setting forth provisions of this non-discrimination clause. (2) The contrac!Qr will. in all solicitations or advertisements for employees placed by or on behalf of the contractor. state that all qualified applicants will receive consideration for employmcnt without regard to race. creed. color. national origin. sex. marital status, religion, ancestry, mental or physical handicap. or age. l J) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand. iog.. notice to be provided by the contracting officer. advising the labor union or workers' representative of the conlractor's commitment under the Executive Order. Equal Opportunity and Affirmative Action. dated April (6. 1975, and of the rules. regulations. and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Actionof April 16. 1975. and by the rules. regulations and Orders of the Governor. or pursuant thereto. and will permit access to his books, records. and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules. regulations and orders. (5) A labor organization will not exclude any individual othef',\fise qualified from fun membership rights in such labor organization. or expel any such individu31 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. sex. national origin. or ancestry. (6) A labor organization. or the employees or members thereof will not aid. abet. incite. compel or coerce the doing of any act defined in this contract to be dis- criminatory or obstruct or prevent any person from complying. with the provisions of this contract or any order issued thereunder: or attempt either directly or indirectly, to commit any act detined in this contract to be discriminatory. 395-53-01-1022 Revised 1/88 3 I' 4 page _ 0 _ pages D,.IO-2j()(l> "."