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~'~-~ .~\ , .... SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contraCI sh.all not 1><: dcell\ed valid unlil il shall have been approved by the Controller of the Slate of Colorado or such assiSlanl as he may designate. This provision is applicable 10 any contract involving the payment of money by the Stale. FUND A V AILABILITY 2. Financial obligations of the Slate of Colorado payable after Ihe current fisCal year are cOhtingent upon runds ror thai pUtpose being appropriated. budgeted. and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment or more Ihan fifty thousand dollars rOt (he construction. erection. repair. mainlenance. or improvement of any building. road. bridge,'viaducl. tunnel. excaVation or other public work ror (his Slate, the l:ontractor shall. before entering upon lhe pertormance or any such work. included in lhis conlract, duly execule and deliver to the Slate official who will sign the tontract, a good and sufficient bond or olher acceptable surely to be approved by said oUicial in a penal sum not less than one-half of the lotal amount payable by tl\e (emu of this contract. Such bond shall be dilly executed by a qualified corporate surety conditioned upon ,he hithflJI performance of the contracl and in addition, shall provide that if the contractor or his subcontractors fail 10 duly pay for any labor. materials, team hire. sustenance. provisions. provendor or other supplies USed or consumed by such contractor or his subcontractor in perrormance orlhe work contracted to.be done or fails to Pity any person who supplies rental machinery, tools, or equipment in the prosecution of the work. the surety will pay the same in an amount not exceeding the sum ~pecined in Ihe bond, together with interest at the rate of eight per cent per annum. Unless sueh bond is executed. delivered and filed. no claim in favor of (he conttactor arising under such contract shall be audited. allowed or paid. 'A certified or cashier's check. or a bank: money order payable 10 the "Freasurer of the Slate or Colorado may be accepted in lieu or a bond. This provision is in compliance with CRS 38-26-106, INDEMNIFICATION 4. To the extent authorized by law. the contractor shall indemniry, save, anq hold harmless the State. its employees and agentS. against any and all claims, damages. liability and court awards in~luding costs. expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees. agents. subcontraetors, or assignees pursuanllo the terms or this contract. DISCRIMINATION AND AFFlRMA TlVE ACTION 5. The contractor agrees to comply with the lelter and spirit o( the Colorado Antidiscrimination Act of 1957. as amended. and Olher applicable law respecting discrimination and unfair emploYIl1ent praclices (CRS 24-34-402), and as required by Executive Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. PurSUDnt thU~10. th~ following provisiolU shall b~ contain~d in all Stau COntracts or $ub-contrQClS. During the performance of this contract. the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race. creed, color, national origin, seJ;. marital status. teligion. 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 (0 the above menti~ned characteristics. Such aclion shall include, but nOI be limited to the following: employment upgrading. demotitm. or uansfer. recruitment or recruitment advenisings; lay-offs or tenninations; rales of payor other ronns of compensation; and , selection for training. includinl: apprenticeship. The contractor agrees to pas.t in conspicuous places. available to employees and applicants for employment. notices to be provided by the cQmracting officer setting forth provisions of tl\is non-discrimination clause, (h) The contractor will. in al\ solicitations or advertisements for employees. placed by or on behalf of the contractor. stale thai all qualified ...pplicants will receive consideration for employn.em without regard 10 race. creed. color. national origin, sex, marital status. religion. ancestry, mental or physical handicap. or age. (c) The conlractor will send to each labor union or representative of workers with which he has a collective bargaining agreemenl or other contract or understanding. notice to be pr()vided by Ihe contracting officer, advising the labor union or workers' representative of th~ contractor's commitment under the Executive Order. Equal Oppor1.UnilY and Affirmative AClion. dated April I f:i. 1975. and of the rules, regulations. and rclevanl Orders or the Governor. (dl The conlractor and labor unions will furnish all inronnation and reports required by Executive Order, Equal Opponunity and Arfirmative Action of April 16. 1975. and by the rules. regulations and Orders of the Governor. or pursuant thereto. and will permit access to his books. re-cords. and ::tccounts by the contracting agency and the office of the Governor or his designee for purpos(:s of investigation to ascertain compliance .....ith such rules. regulations and orders. (e) A labor organization wilt nOt exclude any individual otherwise qualified from full membership rights in such lahororganizatiN1, or c),pel any o;uch individual from membership in such labor organiz.ation or discriminate against any of itl> members in the full enjoymer.t of work opponunilY b.;cause of race. creed, color. sex. national origin. or anceslry. (f) A labor organization. or lhe employees or members thereof will nm aid, abel, incite. compel or coerce the doing of any an ddined in this contract to be discriminalOry or obstruct or prevent any person from complying with the provisions of this contract or any order issu(:d thereunJ.:r. or ::tttemrt. either directly or indirectly, to commit any 3('\ dcflO(:d in this contraclto be discriminatory. Form 6.AC-02B R~viscd 1/93 395-53-01-t022 8 9 pagc:_ of pagc:s