|
<br />, Form 0-.-\(:-U211
<br />
<br />SPECIAL PROVISIONS
<br />
<br />CONTROLLER'S APPROVAL
<br />
<br />L This conlract shall nOI be deemed valid until it shall have been approved by the Controller oflhe Stale of Colorado or such assistant as he may designate. This
<br />provision is applicable La any COOlraL:l involving (h~ payment of money by the State.
<br />
<br />FUN!> A VAILABILlT\'
<br />
<br />2. Financial obligations orthe Slate payable arier the current liscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
<br />made available,
<br />
<br />BOND REQUIREMENT
<br />
<br />3. If this contract tovol\ es thl: payrylcnt uf more than tifty thousand dollars for the construction. erection, repair, maintenance, or improvement of any building,
<br />road, hridge. ....iaduct. tunn~1. excavation or other public works for this State, the contractor shall, before entering the perfonnance of any such work included in Ihis
<br />conlra~t. duly exeCUh~ anJ uc:li\"cr tu and lil~ \\0 ilh the otTIcial whose signature appears below for the State, a good and sufficient bond orother acceptable surety to be:
<br />approved by SOlid ollkial in a p~nal ~um not less than one-half of the tala I amount payable by the terms of this contract. Such bond shall be duly executed by a
<br />4ua.litit:d corp\>rate ::.urclY. (.olhliti\)ned for ihc:: due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontracLOrs
<br />fuil (0 duly pay fi..lr any labor. malcriab, I~am hire, :iUSlc:nance, provisions. provendor or other supplies used or consumed by such contractor or his :iubcontractor in
<br />pertormance ofth~ \\:ork cuntra..:lc.:d tu be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
<br />ratc of eight per cent per annum. ~:nkss such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract
<br />shall be audited, allowed or p:,jd. A cCl1ified or cashiers check or a bank der payable to the Treasurer of the State of Colorado may be accepted in lieu of a
<br />bond. This provision is in compliance "ith 38.26-106 CRU
<br />
<br />INDEMNIFICAl'ION':~:
<br />
<br />4. To th.e e.x~ent authonlcd by I<J~\. the _cnntractor. shall inden.l~li'~'.!.'
<br />damagt::s, liability and I.:"llUrt :.!w~rd!<. :ndudmg COSlS, e. . nd .
<br />agents, subconlractors, or as~ign~~s pursuant lO the "t IS cl,-,.}ta
<br />Il'
<br />DISCRIMINATION AND AFFlH~L\Tln: ,-\C ON
<br />
<br />
<br />nnless the State, its employees and agents, against any and all claims,
<br />a result of any act or omission by the contractor. or its employees,
<br />
<br />5_ The coulraclor agrees to l.:omply ..... ith lh~ Icner and spirit of the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting
<br />disl:rimination and unfair ~mplc;Yllll.:lIt prjJ":li~~:. (24-34...W2. CRS 1982 Replacement VoL), and 3S required by Executive Order, Equal Opportunity and Affirma-
<br />(in: Action. dilled April 16. 1975. PltnnH.J1lL lhl.'relu, lhe..' J{)/loh'illg prol';rions shall be colltained in all SlaLe COIIJraCIS or sub-comraClS.
<br />
<br />During the pcrforman~~ of (his contract. th~ contractor agr,;:es as follows:
<br />
<br />(I) Th~ contractor will nOI Ji~l,;riminate: against any t:mploye~ or applicant for employment b~cause of race, creed, color, national origin, sex, marital status,
<br />religion. anceslry. mentalur physical h;mdicap, or age. The contra~tor will lake allirmative action to insure that applicants are employed. and lhat employees art:
<br />lfl.:i.llcll Juring cmploym~nl. wilhuul rC1:;3H.llll the abo\'e mentioned characteristics. Such action shall include, but not be limiled to the following: employment.
<br />upgrading. dCnltllion. or tr<.lll~rcr. rC~rllillTl~nl \lr re.:.:ruilOlcnI ad\'ertising; lay~otTs or t~nninalions~ rates of pay or other forms of compensation; and selection for
<br />Ir<Jining. including apprent:~cship. Thl.: I:llOlral.:tor agrC'~s to post in conspicuous places. a\'ailable to employees and applicants for employment, notices to be pro-
<br />\'llkJ by the .:.:untrading llnil.:Cr ~ctllllg fonh pro\.isi\.lI1S of this non-disl.:rimination clause:.
<br />
<br />f 2) The: contra';Wf Will. in nil ~()lil.:ilatlons or ad\'ertisc.:menls for employees placcu by or on bchalfofthe contractor, state that all qualified applicanls will receive
<br />~()nsidl"ratil)n lor empluyment withuut regard tf.) race, cr~ed, I:olor, national ori~in, sex, marital status, religion, ancestry, mental or phY:iical handicap, or
<br />ag,C'.
<br />
<br />(3) _ The contractor will send to each labor union or rc::pr~sentali\'e ufworkers with which he has collective bargaining agreement or other contract or understand-
<br />ing, notice to be provid~d by the \:ontra~ting omcer, ad\-ising the labor Unil)n or workers' represenlative of the contractor's commitment under the Executh'e
<br />Order, Equal Ol'pOl1unily and AITIrmalive Action. datod April 16. 1975, and of lhe rules, regulations, and relevant Orders of the Governor.
<br />
<br />(~) The: COnlractor and lahor uniLJns will furnish all information and reports required by Executive Order, Eql!al Opportunity and Aninnative Action of April 16,
<br />1975. and by the rules. regulation:s and Orders of the Governor, or pursuant therelo, and will permit access to his books, records, and accounlS by the contracting
<br />agency and the unice of the G0\'ernor or his d~signee for purposes. of investigatioll to asccnain compliance with such rules, regulations and orders.
<br />
<br />l5.> A labororganilation will not excluJe any individual otheC\lo'ise qualitied from full membership rights in such labor organization, or expel any such individual
<br />from membership in su.:h labor organization or discriminate against any ofils members in the full enjoyment of work opportunity, because of race, creed. color,
<br />sex, national origin. or ance:itry.
<br />
<br />(6) A labor organization. ur the employees or members [hereof will nol aid, abet, incite, compel or coerce the doing of any act defined in this contract [0 be dis-
<br />criminatory or obstruct or pre\'c~nt any person from complying wilh the provisions oflhis 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 />Rcvi:icJ 1/88
<br />
<br />page _2.__. of l.~ pages
<br />
<br />U,:-IO H06u-IUI
<br />
|