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<br />Form 6-A('-(J2B <br /> <br />SPECIAL PROVISIONS <br /> <br />CO!\'TROLLER'S APPROVAL <br /> <br />I, This contract shall not be deemed valid until it shall ha\'e been approved by the Controller of the State of Colorado or such assistant as he may designate. This <br />provision is applicable to any contract involving the payment of money by the Stale, <br /> <br />FTSD AVAILABILITY <br /> <br />2. Financial obligations of the Stale payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise <br />made available. <br /> <br />BOl\'D REQUIItEME!\'T <br /> <br />3. Jfthis 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 forthis State. the contractor shall. before entering the performance of any such work ir,cluded in this <br />contract. duly execute and deliver lO and file with the official whose signature appears below for the State. a good and sufficient bond or Olher acceptable suret\' to be <br />approved by said official In a penal sum no: less than one-half of the total amount payable by the tenns of this contract. Such bond shall be duly executed bv a <br />qualified corporate surety. conditioned for the due and faithful performance of the contract. and in addition. shall prm'ide that irthe contractor or his sub~'ontract~rs <br />fail to duly pay for an)'labor. materials. team hire. sustenance, provision~. provendor or other supplies used or consumed by such contractor or his subcontractor in <br />performance of the work contracted to be done. the surety.....ill 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 arisJng underthls contract <br />shall be audited. allowed or paid. A cenified or cashier's check or a bank mO:1ey order payable to the Treasurer of the State of Colorado may be accepted in lieu of a <br />bond. This provision i~ in compliance with 38.26-106 CRS. as amended. <br /> <br />L"1DEMNIFlCATIOl\' <br /> <br />4. To th~ extent authorizrd by l",w, the contractor Shall indt'fl'll'lify, saYe and hold harmless the State, Hs !'ITfIloyees and agents. against any ilnd all <br />claims, damages, liability and court awards including costs, expenses and allorney's fees, to the extent such claims are caused by any professional <br />act or emission of, or breach of contract by, the contractor, its ~loyees, agents, subcontractors or ass;9nees pursuant to the tenTIS of this <br />cnntract, but not to the extent such clailTlS Clre caUsp.rl by Clny act or omission of, or breach of contract by, the State, its ~loyees, agents, other <br />contracturs or assignp.c:>, or other parties not under the control of or responsible Lo the contractor. <br /> <br />DlSCRIMINATIOl\' A!\'D AFFIItMATI\'E ACTIOS <br /> <br />5. The contractor ap-ees to comply with the leuer and spirit of the Colorad0 Antidiscrimination Act of 1957. as amended. and othe, applicable law respecting <br />discrimination and unfair empioyment practices (24-34-402. CRS 1982 Replacement Vol.). and as reqUITed by Executive Order. Equa10pponunit)' and Affirma- <br />tive Action. dated April 16. 1975. Pursuant therelo. the fo/loll"ing prol'isio1ls shall be cOllloi1led in all SIOIl' 1,.'omraCIS or suirCOnlrocts. <br /> <br />During the performanct of this contract. the contraclOr agrees as follows: <br /> <br />(1) The contractor will nOI discriminate against any employee or applicant for employment because of race. creed. color. national origin. sex. marital status. <br />religion. ancesu)". mental or physical handicap. or age. The contractor will take affirmative action to insure that applicants are employed. and that employees are <br />treated during employment. \l..ithout regard to the above mentioned characteristics" Such action shall include. but not be limited to the following: employment, <br />upgradmg. demotion. or transfer. recruitment or recruitment advenisin&: lay-ofTs or terminations: rates of payor other fonns of compensation: and selection for <br />training,. including. apprenticeshIp. The contractor agrees to pOSt in conspicuous places. a\'ailable 1O employees and applicants for employment. notices to be pro- <br />vided by the contracting officer setting fonh provisions of this non-discrimination clause. <br /> <br />(~,l 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. nalional orig.in. sc". 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 \l..hich he ha~ collectivc bargaining a~reement or other contract or understand- <br />ing., notice to be prodded by the contracting officer. advising the labor union or workers' representath'e of the COnlT3CtorS commitment under the Executive <br />Order. Equal Opponunity and Affirmative Action. dated April J 6. 1975. and of the rules. regulations. and relevant Orders of the Governor. <br /> <br />(4} The contractor and labor unions will furnish all mformation and reports required by Executive Order. Eql!al Opportunity and Afflnnative Action of April J 6. <br />1975. and by the rules. regulations and Orders of the Go\"ernor. or pursuant thercto. and will permit access to his books. records. and accounts by the contracting <br />agency and the office of the GO\'ernor or his designee fo~ purposes of in\"estigation to ascenain compliance with such ruies. regulations and orders. <br /> <br />(51 A labor organization will not exclude any individual otherwise qualified irom full membership rights in such labor organization. or expel any such individual <br />from membcrship in such labor organization or discriminate against any of its members in the full enjoyment of work opponunity. because of race. creed. color. <br />se". national origin. or ancestry. <br /> <br />(61 A labor organization. or the employees or members thereof will not aid. abet. incite. compel or coerce the doing of any act defmed in this contract to be dis- <br />criminalory or obstruCt or prcvent 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 ~ of ~ pages <br /> <br />U, ;! : "'~..~~ <br />