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<br />SPECIAL PROVISIONS <br /> <br />-of" <br /> <br />CONTROLLER'S APPROVAL <br /> <br />'- <br /> <br />-,' <br /> <br />",- <br />I. This contract shall not b<: deemed valid until it shall have been approved by the Controller of the Slate of Colorado or such assistant as he may dcsignat~.. This <br />provisiC!n is applicable to "or contract involving the payment of money by the Stale. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State of Colorado payable .fter the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted. <br />and otherwise made avail.able. <br /> <br />BONO REQUIREMENT <br /> <br />3. If this 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 work: (or this State. the contraclor shall. before entering upon the performance of any such wod,; included <br />in this contract. duly execute and deliver to the State official who will sign the contract. a good and sufficient bond or other acceptable surety to be approved by <br />said official in a penal sum not less Ihan one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate <br />surety conditioned upon the faithful performance of the contract and in addition. shaU provide that if the contractor or his subconlractors fail to duly pay (or any <br />labor. materials. team hire. sustenance. provisions. provendoror other supplies used orconsumed by such contractor or his subcontractor in performance of the worl.:: <br />contracted to be done or fails to pay any person who -supplies rental machinery. tools. or equipment in the prosecution of the worl.:: the surety will pay the same in <br />an arriount not exceeding t.he sum specified in the ~nd. together with interest at the rate of eight per cent p.::r"annum. Unless such bond is executed. delivered. and <br />filed. no claim in favor of the contractor arising undersuch contract shan be audited. allowed or paid. A certified or cashier's checl:: or a banI:: money order payablc <br />to Ihe Treasurer of the State of Colorado may be accepted in lie.u of a bond. This provision is in compliance with CRS 38-26-106. <br /> <br />INDEMNIFICATION <br /> <br />4. To the extent-authorized by law. the contractor shall indemnify. save. and hold h.arrrless the State, its employees and agenlS, against any and all claims. <br />damages. liability ~nd court awards including costs..expenses, and attorney fees i::cJr.-e"; u a result of any act or omission by the contractor. or its employees. <br />agents. subcontractors. or assignees pursuant to the terms of Ihis contract. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees to comply with the letter and spirit Q( the Colorado Ant;di..cdrnin.a.tion Act of 1957. as amended. and other applicable law respecting <br />discrimination and unfair employment practices (CRS 24-34-(02), and as required by 3xecuii~e Order. Equal Opportunity :lnd Affirmative Action. daled April 16. <br />1975. Pltrsuant tha~ro. ,h~ following provisions shall b~ contain~d in all Stat~ conrrac{t ?r.$I~b-conrracts. <br /> <br />During the performance of this contract. the contractor agrees as follows: <br />} , - ~ . ~ <br /><a) The contractor will not .discriminate against any employee or applicant ~o.. employment because of racc. creed. color, national origin, sex, <br />marital status. religion. ancestry. mental or physical handicap. or age. The contractOl "it! t:>\;;e affionative action to insure that a~licants are employed. and that <br />employees are treated during employment. without regard to the above mentioned cl:-.ar.lcte.istics. Such action shaH include. but not be lirriited to the following: <br />employment upgrading. demotion. or tranSfer. recruitment or recruitment advertiSinb~: lay-o.trs or terminations: rales of payor other fonns of compensation; and <br />selection for training, including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. <br />notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. <br /> <br />(b) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of th.e contractor, stare that all qualified applicants will <br />receive consideration f~r emptoyn.ent without regard to race. creed~ color. national origin, -sex, marilal Slatus, religion. anceSlry. menial or phy~ical handicap, <br />or age. <br /> <br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agr<,:~ment or Olher conlract or <br />underslanding, notice to be provided -by the contracting officer, advising the labor union or wortcers' representative of thc contractor's commitment under the <br />Executiv~ Order. Equal Opportunity and Affirmalive Action. dated Aprit 16. 1975. and of the rulcs. regulations. and relevanl Orders of the Governor. <br /> <br />(d) The contractor and labor unions will furnish all' information and reports required by Executive Order. Equal Opponunity and Affirmative Action of April <br />16, 1975. and by the rules. regulations and Orders of the Governor. or pursuant Ihereto. and will permit access to his boob. [('cords. and accounts by Ihe <br />conlracting agenc)' and lhe officc of the Governor or his designee for purposes of invesligalior. to ascertain compliance wllh such rules, regul:l.Jions and orders. <br /> <br />(e) A labor organization .....ill.not excludc an)' individual otherwise qualified from full mcmbership rights in such laNr organization. Ilf expel any ..uch individual <br />from membership in such labor organization or discriminate against any of its mcmbers in thc fuB enjoymer.! of work opportunity l--.,.:c:tuse of race. creed. color. <br />seJ:. nalional origin. or ancestry. <br /> <br />(0 A labor organization. or the employees or members thereof will not aid. abet. incite, compel or coercc the doing of an)' an \ldined in this contracl to be <br />discriminalory or obstruct or prevent any person from complying with the provisions of lhis contract or an)' order issued thereunt!.:r: or J.uempt. cither dire.::tl)' <br />or indirectly, to commit an)' act defined in this contract to be discriminatory. <br /> <br />Form 6-AC-O.2B <br />R<:vi~o::d 1/93 <br />395.53.01-1022 <br /> <br />12 13 <br />pd!;e~ o! ra~<:' <br />