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<br />. <br /> <br />'._ ,'k, <br />, . <br /> <br />. <br />.f' <br /> <br />Form 6.:\C.02B <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVA.L <br /> <br />1. This conlfact shall not be deem~d valid until it shall have been approved by toe Controller of the State of Colorado or such assistant as he may designate. This <br />provision is applicable to any contra.ct involving the payment of money by the State. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations oflhe State payable after the current fiscal year are COntingent upon funds [or that purpose being appropriated, budgeted and otherwise <br />made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involve::. the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, <br />road, bridge. viaduct, tunnel. excu\"ation or other public works for this State, the C{)ntractor shall, before entering the performance of any such work included in this <br />-:ontra\:I, duly execUle (lnd deliver to <tnd fil~ \\ ith the otlicial whose signature appears below for the State, a good and sufficient bond orother.acceptable surety to be <br />arrrnl'"r! by said offi..:L.il in a p..:nal wm nm less than one. half of the total amOUttt payable by the terms of this con~ract. ~~ch bond shall be duly executed by a <br />4ualitied corporate surety, l.:onJitiont:d ror th~ due anu faithful perfonnance of the contract and in addition, shall provide that if the contractor or his subcontractors <br />fail 10 duly pay for any l;.:bor, r'l:llerials, team hire, sU5t~nance, provisions, provenuororother supplies usedorcort;Jm~d by suc;:h contractor or his subcontractor in <br />performance ofth.: work cunlr..II':lcu 10.) be done, the surety will pay the same in an amount nqtexceediriithe sum specified in the bond, together with interest at the <br />rate of eight per cent per annUlll. Un1\:s$ such bond. when 50 required. is executed, delivered and filed. no claim in favor of the Contractor arising under this contract <br />shall be audited. allowed or p:iid. A c;:-rtitied or cashier's check or a-baninnoney order payable to the Treasurer of the State of Colorado may be accepted in lieu of a <br />bond. This provision is in compliance with 38-26-106 eRS. as amended. <br /> <br />INDEMNIFICATION <br /> <br />4, To the extent authoriled by law. the contractor shall indemnify, save and hold hamlless the State. its employees and agents, against any and all claims, <br />damages, liability and court awards induding costS, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, <br />agents, subcontractors, or as~ign~~s. pursuant to the terms of this contract, <br /> <br />DISCRIMINATION AND AFFIR~L-\TIVE ACTION <br /> <br />5. The contraclor agrees to l:;o.l\ply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amen~d, <br />uiscrimination and unfairempll:YOlCnt practice~ (24-34-402. eRS 1982 Replacement Vol.), and as required by Executi~ I Opportunity and Affirma- <br />livc Action, dated April 16, 1975. Pursuant tJu:refU, lh,'jolloldllg prol'isiulH sltalJ be cOlltained in all Stare conIracts ~ cIS. <br /> <br />During the performance of this Contract, the contractor agrees as follows: A.. % <?~.,~ <br /> <br />''?A~ '/). "" ~ <br />I I) The contraClor will not discriminate against any employee or applicant fQr employment because of ra eed. color, nption~l o:~igin, arital status, <br />rdigiun, an~cstry, melltal or p~ysil.:al handicap, or age, The co~traclor will tak~ affirmative ac~ion to in~ure that e)lJiFants ~te',e~lqyed, ana-t:~,:-. employees are <br />treated dUring employment, wllhout n~gard to the above mentIOned characteristics. Such action shall mclude, bU~<R1>.e htOlled l$f"t9.Y; _followm~ employment, <br />upgrading, demotion, or trunsfer, recruitment nr recruilment advertising; lay-oO's or terminations; rates of payor otheriW'rws of cOlnWsation;'ahd selection for <br />training. induding apprenticeship, The contractor agrees to post in conspicuou~ places, available to employees and appli?pt:s.for employment, notices to be pro- <br />vided by the contra!.:ting (JOker ~~tting forth provisions of this non.discrimination clause. t /:~\ <br />'.;y~:... <br />(~) The contractor will, in all solit.:itations or advertiso::ments for employees placed by or on behalf of the contractor, state that all qualified applicants will receive <br />consiJcration for ~mploYll1ent Without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mentil'"o't physical handicap, or <br />age. <br /> <br /> <br />(3) The contractor will send to ea.ch labor union or representative of workers \!lith which he has collective bargaining agreement or other contract or understand- <br />ing. notice to be provided by the contracting ofiicer, advising the labor union or workers' representative of the contractor's commitment under lhe Executive <br />Order, Equal Opportunity and Aflinnative Al.:tion, dated April 16, 1975, ahd of the rules, regulations, and relevant Orders of the Governor. <br /> <br />(4) The contractor and labor unions will furnish all information and reports required by Executive Order, EqualOpportunity and Affirmative Action of April 16, <br />1975, and by the rules, regulationli and Orders of the Governor, or pursuant tht::rcto, and will permit accesS to his books. records, and accounts by the contra(;ling <br />agency and the ofiice of the GO\'ernor or his designee for purposes of inveStigation to ascertain 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 orgal1ization, 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 oppottunity, because of race, creed, color, <br />sex, national origin, or ancestry. <br /> <br />(6) A labor organization. or the c::mployees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contraCI to be dis. <br />criminatory or obstruct or prevent any person from compl>'ing with the provi!lions of this contract or any order issued thereunder; or anempt 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 />puge --.2_ of ,lQ_ pages <br /> <br />D,.IO.2JObl.~~ <br />