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<br />Form 6.AC-oZB <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APP1>tJVAL <br /> <br />1. This contract shall not be deemed valid until it shall have beeJl approved by the Controller of the State of <br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay- <br />ment of money by the State. <br />FUND AVAILABILITY <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 otherwise made available. <br /> <br />BOND REQUIREMENT <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 eJ1tering the performance of any such work included in this con- <br />tract, duly execute and deliver to and file with the official whose signature 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 payable by the terms of this contract Such !:>ond shall be duly executed by a qualified <br />corporate surety. conditioned for the due and faithful performance of the contract. and in addition, shall provide <br />that if the contractor or his subcontractors fail to duly pay for any labor. materials. team hire. sustenance, pro.. <br />visions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of <br />the work contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the <br />bond, together with interest -at the rate of eight per cent 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 />INDEMNIFICATION <br /> <br />4. To the extent. authorized by law. the contractor shall indelTUlify, save and hold hannless the State. its <br />employees and agents. against any and all claims. damages, liability aIld court awards including costs. expenses, <br />and attorney fees incurred as a resull of any act or omission by the COtltrfl.ctC!f;:fl_r~!LS employees, agents, subcon- <br />tractors, or assignees pursuant to the terms of this contrac.t... '. ,..(tZL..... '. ..'~,~;k.,.~ <br />DISCRIMINATION AND AFFIRMATIVE ACTION {,( "~:.'>" '~~ <br />5. The contractor agrees to comply with the letter and sPirit;~\he Co)qj~~oA~lldiscrimioalionAct of 1957, <br />as amended, and other applicable law res~ecting di~rim.ination '~.~2,~~fajt.;~p1oy~ent practices (~4-34-~02. <br />CRS 1982 Replacement Vo!.), and as reqUlred by Exeput.~~e Order~gq\\.lj:l>Opportumty and Affirmative Action, <br />dated April 16. 1975. Pursuant thereto. th.e{~!lowiri~:ptO.Vi~{!",:/;s sliffiJPbe contained in all State contracts or <br />sulrcOnlracls. ."a!_4:'....-..:. \. ':-"'JF~f~ <br />!I' ".' , . / 'y <br />During the performance of thiS~:9:nt:ac't..Jhe con:tractdf' agrees as follows: <br />(I) The contractor will not discri%~~ia~~. against k; employee or applicant for employment because of <br />race, creed, color. national origin. sex,- in~r~al status, religion, ancestry, mental or physical handicap, or <br />age. The contractor will take affirmative,~tion to insure that applicants are employed, and that employees <br />are treated during employment, without .regard to the above mentioned characteristics. Such action shall <br />include. but not be limited to the following: employment, upgrading, demotion. or transfer. recruitment or <br />recruitment advertising; lay-off's or terminations; rates of payor other forms of compensation; and selec- <br />tion for training, including apprenticeship. The contractor agrees to post in conspicuous places. available <br />to employees and applicants for employment. notices to he provided by the conU'acting officer setting forth <br />provisions of this non-discrimination clause. <br />(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the <br />contractor, state that all qualified applicants will receive conside(ation for employment without regard to <br />race, creed, color. national origin. sex, marital status, religion. ancestry, mental or physical <br />handicap, or age. <br />(3) The contractor will send to each labor union or representative of workers with which he has collective <br />bargaining agreement or other contract or understanding. notice to be provided by the contracting officer, <br />advising the labor union or workers' representative of the contractor's committment under the Executive <br />Order, Equal Opportunity and Affirmative Action. dated April 16. 1975, and of the rules. regulations. and <br />relevant Orders of the Governor. <br />(4) The contractor and labor unions will furnish all information aJld reports required by Executive Order, <br />Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules. regulations and Orders of <br />the Governor, or pursuant thereto. and will permit access to his books. 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 />compliance with such rules. regulations and orders. <br />(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in <br />such labor organization, or expel any such individual from membership in such labor organization or dis- <br />criminate a~ainst any of its memhers in rhp full ",..,;,.",.,.".,..,1 "r ,,,....,..L- ~__~_.._;... 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