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<br />'-". <br /> <br />SPECIAL PROVISIONS <br /> <br />CONTROLLER'S APPROVAL <br /> <br />I. This conltaCI shall nOI bc deemed valid until il shall have been approved by the Controller of Ihe Stale of Colorado or such assistant as he may designate. This <br />provision is applicable to any eonlraCI involving Ihe payment of money by tke State. <br /> <br />FUND A V AILABILITY <br /> <br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for thai purpose being appropriated, budgeted. <br />and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If Ihis contract involves Ihe payment of more than fifty thousand dollan: (or the construction. erection. repair. mainlenanee. or improvement of any building. <br />road, bridge. viaducl. tunnel. excavalion or other public work. (or this State, the contractor shalt. before entering upon Ike performance of any such work included <br />in Ihis contracl, duly execule and deliver 10 the State official who will sign. the contract. a good and sufficient bond or other accept.ble surety to be approved by <br />said offici.1 in a penal sum not less than one.half of the total amount payable by the terms o( this contract. Such bond shall be duly executed by a qualified corporate <br />surely conditioned upon the faithful performance of the contract and in ad4ition. shall provide that i( Ihe contractor or his subcontractors fail to duly P'Y for any <br />. labor. materials, team hire. sustenance:. provisions. provendoror other supplies used or consumed by such contnetoror his subcontractor in per(onnance o(che work <br />contracted to be done or fails co pay any person who supplies rental machi"ery. tools. or equipment in the prosecution of the work the surely will pay the same in <br />an amount not exceeding the sum specified in the bond, together with inte~st at the rate of eight per cent per annum. Unless such bond is executed, delivered and <br />filed, no claim in favor_of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable <br />to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. <br /> <br />INDEMNIFICATION <br /> <br />4. To the euent authorized by law, the contractor shall indemnify, sav~, and hold harmless the State. its employees and agents. against any and .11 claims. <br />damages. liability and coun awards including costs, expenses, and attorney (ees incurred as a result o( any act or omission by thc= contractor. or its employees. <br />agents. subcontractors. or assignees punuanl to the terms o( this contract. <br /> <br />DISCRIMINA TlON AND AFFIRMATIVE ACTION <br /> <br />5. The conttaClor agrees 10 comply with the leuer and spirit o( the Colorado Antidiscrimination Act of 1957. as amended. and mher applicable law respecting <br />discrimination and unfair employment practices (CRS 24-34-402). and as ~uired by Executive Order, Equal Opponunity and Affinnative Action. dated April 16. <br />1975. PurSUDnt rhu~to. rhtfoltowing provisions shall be contained in all SU~re conrracts or sub-conrracts. <br /> <br />During the performance of this contract. Ihe contractot agrees as follows: <br /> <br />(a) The contractor will not discriminale against any employee or applicant fat employment because of race. creed, color. national origin. sex. <br />marital status. religion. ancestry, mental at physical handicap, or age. The conU'actot will take affirmative action to insure thai applicanlS an: employed. and thai <br />employees are treata!:' during employment. without regard to the: above Rlentioned characteristics. Such action shall include. but not be limited to the following: <br />employment upgrading. demotion. or transfer, rec:rujnnent or recruitment advCltisings: lay~((s or terminalions; rates of payor other forms of compensation; and <br />selection for training. including apprenticeship. The contractor agrees to poSI in conspicuous places. available to employees and applicants for employment. <br />notices to be provided by the contracting officer seuing fonh provisions of this non-discrimination clause. <br /> <br />(b) The conttaClOr will. in all solicitations or advertisements for empll)yees placed by or on behalf of the contractor. state thaI al! qualified applicants will <br />receive consideration for employn.enl without regard to race. creed. color. national origin. sex. marital status. religion. ancemy. mental or physical handicap. <br />or age. <br /> <br />(c) The contraClOr will send to each labor union or representative of workers with which he has a colleclive bargaining agreement or Olher contract or <br />understanding. notice (Q be provided 'by the contracting officer. advising the labor union or workers' representative of the conlraclOr's commitment under Ihe <br />Executive Order. Equal OpponunilY and Affirmative Action. dated April 16. 1975. and.of the rules. regulations. and relevant Orders of the Governor. <br /> <br />(d) The contraclOr and labor unions will furnish all information and rePons required by Executive Order. Equal Opportunity and Affirmalive Action of April <br />16. 1975. and by the rules. regulations and Orders of Ihe Governor. Or pursuanllhereto. and will permit access to his books. r{"cords. and accounts by the <br />conll1lcting agency and the office of the Governor or his designee for pUrposes of investigatior. to ascena;n complianct: with such rules, regulations and orders <br /> <br />(e) A labor organization .....ill not exclude any individual otherwise qualified from full membership rights in such lahor organizatiof'. "f c),pel any ~uch individual <br />from membership in such labor organization or discriminale against any of its members in the full enjoyment of work opponunilY b,:cluse of race. creed. COIOf. <br />~x. nalional origin. or ancestry <br /> <br />(r) A labor organization. or the employees or members thereof will no\ aid. abet. incite, compel or coerce the doing. of any 3(1 ddlncd in thi~ Contract 10 b(: <br />discriminatory or obstruct or prc=venl any person from complying wilh the provisions of Ihis contract or any order issucd thereun:.!.:! or attempt. either dire.:tl)" <br />or indirectly. 10 commit any aCl defined in this contract to be discrimimuory <br /> <br />j:orm 6-AC-02B <br />Re",,,cd 1193 <br />395.5}-01.1022 <br /> <br />p.lge --1-..l- of -l-.1 pa!!c' <br />