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<br />. <br /> <br />. <br /> <br />" <br /> <br />Form 6-AC.02B <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colora do 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 afterthe current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise <br />made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. lfthis contract involves the payment of more than fifty 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 with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be <br />approved by said official in a penal sum nolless than one-half of the total aJ]1.ount payable by the terms of this contract. Such bond shall be duly executed by a <br />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 <br />fail to duly pay for any labor, materials, tearn hire, sustenance, provisions, provendoror other supplies used or consumed by such contractor or his subcontractor in <br />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 <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 p.:lid, A certified or cashier's check or a bank money order payable to the Treasurer of the State oEColorado may be accepted 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 and hold harmless the State, its employees and agents. against any and all claims, <br />damages. liability and coun awards including costs, expenses, and attorney fees incurred as a result of anYlact or qrnissioJl by the contractor, or its empl.oy~, <br />agents, subcontractors, or assigrtees pursuant to the terms of this Contract. negllgent fyY <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />~) <br />($.-- <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 (24~34-402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opponunity and Affirma- <br />tive Action. dated April 16. 1975. Pursuant thereto, the/ollowing provisionS shall be contained in all State contracts Qrsu/rcontracls. <br /> <br />During the perl'ormance of thiS contract, the contractor agrees as follows: <br /> <br />(l) The contractor will not discriminate against any employee or applicant for employment because of race. creed, COIOf, national origin, sex, marital status, <br />religion, ancestry, mental or physical handicap, or age. The contractor will talC.e affirmative action to insure that applicants llre employed, and that employees are <br />treated during employment. without regard to the above mentioned characteristics. Such aClion shall include, but not be limited to the following: employment, <br />upgrading, demotion, or transfer, recruitment or recruitment advenising; lay.offs or terminations; rates of pay or other fom1s of compensation; and selection for <br />training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicarJ.ts for employment, notices to be pro- <br />vided by the contracting officer setting forth provisions of this non-discrimjnation clause. <br /> <br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive <br />consideration for employment without regard to race, creed, color, natiomJI origin, sex, marital status, religion, ancestry, mental or physical handicap, or <br />age. <br /> <br />(3) The contractor will send to each labor union or representative of workers with 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 contractor's commitment under the Executive <br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, o.nd of the rules. regulations, and relevant Orders of the Governor. <br /> <br />(4) The contractor l!J1d labor unions will furnish all information and repons required by Executive Order, Eql,.!al Opportunity and Affirmative Action of April 16, <br />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 <br />agenc)' and the office of the Go'vernor or his designee for purposes of investigation to ascenain compliance with such rules, regulations and orders. <br /> <br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual <br />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, <br />sex, national origin. or ancestry. <br /> <br />(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- <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 to be discriminatory. <br /> <br />395-53-01,1022 <br />Revised 1/88 <br /> <br />page -L of ~ pages <br /> <br />Dc-10.230na-88 <br />