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<br />'.:. <br /> <br />...........~ <br /> <br />~ <br /> <br />.' <br /> <br />Form 6-AC.028 <br /> <br />SPECIAL PROVISIONS <br /> <br />CO}l.'TROLLER'S APPROVAL <br /> <br />I. This contract shall not be deemed valid until it shall have been approved by the Controllerofthe State of Colorado or such assistant ashe may desi[tllat.e. This <br />prO\'ision is applicable to any contract involving the payment of money by the Sute, <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations oflhe Slate payable after the current fiscal year are contingent upon funds for that purpose being appropriat.ed, budgfted and otherwise <br />made available. <br /> <br />BOND REQUlREMEl'l'T <br /> <br />3. Iflhis 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. exca\'ation or other public works for this State, the contractor shall, before entering the perfonnance 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 br said official in a penal sum not less than one-half of the tOlal amount payable by the terms of this contract. Such bond shall be duly executed by a <br />qualified corporate surety. conditioned fortlledue and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors <br />fail 10 duly pay for an}'labor. materials, team hire, sustenance, provisions, provendororother supplies used or consumed by such contractor or his subcohtractor in <br />performam;e 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 favoroftbe contraetOr arising under this contract <br />shall be audited, allowed or paid. A cenifiedor cuhier's check or a bank money order payable tothe Treasurcrohhe State o(Colorado may be accepted in lieu of l <br />bond. This pro\'ision is in compliance with 38-26-106 CRS, as amended. <br /> <br />Th'DEMNIFICATION <br /> <br />4. To the extent authorized by la,,', the contractor shall indemnify, save and hold harmless the State, iu employees and ageniS, against any and all claims, <br />damages, liability and court awards including COSIS, expenses, and attomey fees incurred as a result of an}' ICt or omission by the contractor, or its employees, <br />agents, subcontractol1i. or assignees pursuant to the terms of this contrlct. <br /> <br />DISCRIMINATION AND AFFIRl\L-o\.TIVE ACTION <br /> <br />5. The contractor aifees to comply with the Iener and spirit of the Coiorado Antidiscrimination Act of 1957, as amended, and other applicable Ilw respecting <br />discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vol.), and as required by Execulive Order, Equal Opportunity and Aflinna- <br />ti\'c Action, dated April 16, 1975. Pursuan/lherela. IhejaUau.ing provisions shafl be contained in all Slale COfl/raClS or sub-canlracls. <br />During the performance of this contract. thc contractor agrees as follows: <br />(I) The contractor will not discriminate againsl an}' employee or applicant for employment because of race, creed, color, national origin, sex, marital status, <br />relipon. ancestry, mental or physical handicap, or a,e. The contraclorwiU take affirmative action to insure that applicants are emplO)'ed, and that employees are <br />treated durin, employment, without re,ard to the abo\'e mentioned characteristics. Such action shall include, but not be limited to the following: employment, <br />uPP'ading, demotion, or transfer. recruitment or recruitment advenising: lay-offs or t.erminations; rales of pay or other fonns of compensation; and selection for <br />training. includin, apprenticeship. The contractor Ilfees to post in conspicuous places. available to employees and applicants for employment. notices to be pro- <br />vided by the contracting officer setting fonh proviSions of this non-discrimination clause. <br />(2) The contractor will, in all solicitations or ad~'enisements for employees placed by orOD behalf of the contractor, state that all qualified applicants will receive <br />consideration for employment without re,ard to race, creed. color, national origin, sex, marital status, religion, IlIcestry. mental or physical handicap, or <br />a,e. <br />(3) The contractorwil! send to each labor union or representalive of workers with which he has collective bargaining apeement or other contract or understand- <br />ing. notice to be provided by the contracting officer, advising the labor union or workers' representative of tlle contractor's commitment under the Executive <br />Order, Equal OpponunilY and Affinnative Action, dated April 16, 1975, and of the rules. regulations, and releVlll1 Orders of the Governor. <br />{4} The contractor and labor unions will furnish all infonnation and reportS required by ExeC1Jlive Order, Equal Opponunity and AlTirmativeAction of April 16, <br />1975, and by the rules, regulations and Ordel1i of tile Governor, or punuant thereto, and will pennit 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 ascenain compliance with such rules, re@:lllations and orders. <br />(5) A laboror,anization will not exclude any individual otherwise qualified from full membenhip rights in such labor organization, orupel any such individual <br />from membership in such labor or,anizllion or discriminate against any ofiu member, in the full enjoyment of work opponunity, because of race, creed, color, <br />sex, national origin, or ancestry. <br />(6) A laboror,anization. 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 complyin, with the provisions of this contract or any order issued thereunder; or attempt either directly or <br />indirectly, to commit any act dermed in this contract to be discriminatory. <br /> <br />395-53-01-1022 <br />Revised 1/88 <br /> <br />page~of~pa,es <br /> <br />Dc_ID.2lOliI.1I <br />