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<br /> SI048l111-91,II II'iµ
<br /> SPECIAL PROVISIONS
<br /> CONTROLLER'S APPROVAL
<br /> 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant
<br /> as he may designate. This provision is applicable to any contract involving the payment of money by the State.
<br /> FUND AVAILABILITY
<br /> 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being
<br /> appropriated, budgeted, and otherwise made available.
<br /> BOND REQUIREMENT
<br /> 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or
<br /> improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the Contractor shall, betore
<br /> entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the
<br /> contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the
<br /> total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon
<br /> the faithful performance of the contract and in addition, shall provide that if the Contractor or his subcontractors fail to duly pay for any
<br /> labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such Contractor or his
<br /> subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or
<br /> equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together
<br /> with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and tiled, no claim in favor of the
<br /> 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 /> INDEMNIFICATION
<br /> 4. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State, its employees and agents.
<br /> against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act
<br /> or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br /> DISCRIMINATION AND AFFIRMATIVE ACTION
<br /> 5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other
<br /> applicable law respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal
<br /> Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State
<br /> contracts or subcontracts.
<br /> During the performance of this contract, the Contractor agrees as follows:
<br /> (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national
<br /> origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to
<br /> insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned
<br /> characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion or transfer,
<br /> recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selection for
<br /> training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for
<br /> employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
<br /> (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, State that all
<br /> qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital
<br /> status, religion, ancestry, mental or physical handicap, or age.
<br /> (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining Contract or
<br /> other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative
<br /> of the Contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975, and
<br /> rules, regulations, and relevant Orders of the Governor.
<br /> (d) The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and
<br /> Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will Pei nu[
<br /> access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of
<br /> investigation to ascertain compliance with such rules regulations and orders.
<br /> IF-6-AC-02 Page 4 of 6
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