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<br />o <br /> <br />-:') <br /> <br />(;) <br /> <br />~~j <br /> <br />Fonn 6-AC-4lZ8 <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />I. This contract shall not be deemed valid until it shall have been approved by the Conuollerofthe StateofColoradoor sLlch assistant as he may designate. This <br />provision is applicable 10 any contract involvinS the payment of money by the he. <br /> <br />FUND AVAILABILITY <br /> <br />2. Fin.neill oblilltions of the Stale payable after the CUTTent filcal year are c:ontin,ent upon funds for that purpose being appropriated, budgeted and otherwise <br />made,vail,ble. <br /> <br />BOND REQUIREMENT <br /> <br /> <br />3. If this contractinvoh'cs the <br />road,bridge,yiaduct.tunnel,cxc <br />contr.ct, duly cxecutc and deliver <br />approved by ,said official in . pe <br />qualifiedcorporatesurety,c:ondi <br /> <br />. erection, repair, maintenance, or improvement of any building. <br />fore entering the performance of any such work included in this <br />Stale, a good and sUmcient bond or other acceptable surety to be <br />lenns of ibis contract. Such bond shall be duly executed by I <br />addition, shall providje thaI if the contractoror his subcontractors <br /> <br />INDEM~"IFlCATION <br /> <br />4. To the extent authori2.ed by law, the contractor shall indemnify, save and hold hannless the State, its employees and agents, agairut any and all <:Ims, <br />damages, liability and coun awards inCluding COSlS, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, <br />agents, subcontractors, or assiJllees pursuant to the terms of this contract. <br /> <br />DlSCRIMlNAT10N AND AFFIRMATIVE ACTION <br /> <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 />discrimination and unfair employment practices (24-34402. CRS 1982 Replacement VoL), and as required by Executive Order, Equal OpportW!ity and AlTlhIla. <br />tive Action, dated April 16, 1975. Pursuant ,herrlo, 'h~follol\'ing prOl'isionr sholl b~ contained in all Slale contracts or sub-conlracls. <br /> <br />During the perlonnance of this contract, the contraCLOr agrees as follows: <br /> <br />(I) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color. national orilin. sex, marital status, <br />religion, ancest!)', mental or physical handicap, or age. The contractor will take affinnative action to insure that applicants are employed, andtMl employees are <br />treated during employment, without regard to the above mentioned characteristics. Such action shan include, bUI not be limited 10 the followin,: employment, <br />upgrading, demotion, or transfer, recruitment or recruitment arlvenising; lay-offs or tenninations; rates of payor other fonns of compensation; and selection for <br />training. including apprenticeship. The contractor agrees to post in conspicuous places, a\'lilable to employees and applicanu foremploymcnt, notices to be pro- <br />vided by the conaacling officer setting forth provisions of this non-discrimination clause, <br /> <br />(2) The contractor will, in all solicitations or advenisements for employees placed by oron behalf ofthe conuaclOr. state that all qualified appllcanu will receive <br />consideration for employment without relard to race, creed, color, national origin, sex, marital status, relilion, ancestry, mental or physical handicap, or <br />age. <br /> <br />(3) The contraclorwill send to each laboruhlon or representative of workers with which he has collective bargaining agreement orothercontractorunderstand- <br />ing, notice to be provided by the conuacting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive <br />Order, Equal Opponunity and Affinnative Action, dated April 16, 1975. and of the rules, regulations, and relevant Orden of the Governor. <br />(4) The contractor and labor unions will furnish all infonnation and repons required by Executi\'e Order, Equal Opponunity and Affinnative Adionof April 16. <br />1975, and by the rules, regulations and Orders of the Governor, orpunuant thereto, and will permit access to his books, records, and accounLS by the contractina <br />agency and the office or the Governor or his duilnee for purposes of investigation to ascenain compliance with such rules, regulations and orders. <br />(5) A labor organization will nOI exclude any individual otherwise qualified from full membership righu in such labor organization, or expel any such individual <br />from membership in such labor organization or discriminate alainst any of its members in the fuU enjoyment ofwark opponunit)', because ofrace, creed, color, <br />sex, nationat origin, or ancestry. <br /> <br />(6) A labor organization, or the employees or members thercof'Nill not aid. abet, incite, compel or coerce the doing of an}' aCI defined in this contract to be dis~ <br />criminatory or obstruct or prevent any penon from complying with the provisions of this contract or In)' order issued thereunder; or attempt either directly or <br />indirecdy, to commil any act ('\dined in this contract to be discriminatory. <br /> <br />395-53-01-1022 <br />Revised 1/88 <br /> <br />page~of~pages <br /> <br />0<.IO.:306..U <br />