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<br />Form 6-AC.028 <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLEWSAPPROVAL <br /> <br />I. This contract shall nol be d~emed valid until it shall have been approved by the Controller of the State oreolorado or such assistant as he may designate. This <br />provision is applicable to any COntract involving the payment of money by the State. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose beina appropriated, budgeted and otherwise <br />made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. Iflhis contract invoh'es the payment of mare than lifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any 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 deliver to and file v.ith Ihe official whose signature al>pears below for the Slale, a good and sufficient bond or other acceptable surety to be <br />approved by said official in a pellal sum not less than one.half of the tOlallUllount payable by the terms of this contract. Such bond shall be duly executed by a <br />qualilied corporate surety, conditioned forthe due and faithful perfonnance oflhe contract, and in addition, shall provide that ifthe contractor or his subcontractors <br />fail 10 duly pay tor an)' labor, materials, learn hire, sustenance, provisions, provendoror other supplies used or consumed by such contractor or his subcontractor in <br />perfonnance of the work contral.:led 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 <br />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 <br />shall be audited, allowed or pr1id. A ccrtitiedorcashier's check or a bank money order payable to Ihe Treasurer of the Stale ()fColorado may be accepled in lieu of a <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 contractor shall indemnify, save Gnd hold hamlless the State, its employees and agents, against any and all claims, <br />damages, liability and court awards including costs, i:xpenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, <br />agents, subcontraclors, or assignees pursuant to the tenns of this contract. <br /> <br />D1SCIlIMINATION ANll .<l.FFIRMATIVE ACTION <br /> <br />5, The contractor agrees to comply with the letter and spirit of the Colora~o Antidiscrimination Act of 1957, as amended, and other applicable law respecting <br />discrimination and unfair emplo}'mem practices (24.34.402. CRS 1982 Rephtcement Vol.), and as required by Executive Order, Equal Opportunity and Affirma~ <br />Ii\'c Action, dated April 16, 191 S. PurSllafll th.ereto. the following prollisiollS shall be cOfllained ill all State contract;r or sulrconlracts. <br /> <br />During the performance of this contract, the contractor agrees as fallows: <br /> <br />(I) The conuactor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, <br />religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are <br />ueated during cmploymeOl, withoul regard to the ahove mentioned charaCteristics. Such action shall include, but not be limited to Ihe following: employment, <br />upgrading. demotion, or trall:iter, recruitment or recruitment advertising; lay--offs or tenninations; rates of pay or other f()nns of compensation; and selection for <br />training, including apprenti":l.:ship. The contractor agrees to post in conspicllouS places, available to employees and applicants for employment, notices to be pro- <br />vided by Ihe conlracting oOicer ~clling forth provisions of this non.discrimination clause. <br /> <br />(2) The contractor will, in allliolicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicanls will re~eive <br />consideration for employment without regard to race, creed, color, natiQnal origin, sex, marital slatus, religion, ancestry, mental or physical handicap, or <br />age. <br /> <br />(3) The contractor will send tl,) each labor union or representative 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' representative of the contra~tor's commitment under the Executive <br />Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. <br /> <br />(4) The contractor and labor llnions will furnish all infonnation and reports required by Executive Order, Equal Opportunity and Affinnalive Action of April 16, <br />1975, and by the rules, regulations and Orders ofthe Governor, 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 wilh such rules, regulations and orders. <br /> <br />(5) A labor organization will nOI exclude any individual otherwise qualified from full membership righls in such labororganizalion, or expel any such individual <br />from membership in such laoororganizationordiscriminale against any or its members in the full enjoyment of work opportunily, because of race, creed, color, <br />sex, national origin, or ancestry. <br /> <br />(6) A labor organization, or the employees or members lhereofwill not aid, abet, incite, 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 provisions of this contract or any order issued thereunder; or attempt either directly or <br />indirectly, to commit any act defined in this contract 10 be discriminatory. <br /> <br />395-53-01-1022 <br />Revised 1/88 <br /> <br />page ~ of l.2.- pages <br /> <br />[k.jO.H06..88 <br />