|
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 as he may designate. This
<br />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 appropriated, budgeted,
<br />and otherwise made availablc.
<br />BOND REQUIREMENT
<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 for this State, the contractor shall, before entering upon the performance of any such work 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 than 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, 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 subcontractor in performance of the work
<br />contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in
<br />an amount not exceeding the sum specified in the bond, together with interest 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 cheek 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 39 -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, against any and all claims,
<br />damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees,
<br />agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />DISCRIMINATION AND AFFIRMATIVE ACTION a°
<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antia inat' Ast 1957, as amended, and other applicable law respecting
<br />tst�t (dui.
<br />discrimination and unfair employment practices (CRS 24- 34- 402), and as requiX. Ex, tativa O ual Opportunity and Affirmative Action, dated April 16,
<br />1975. Pursuant thereto, the following provisions shall be contained in all State rrh�`t or sub- coafry is.
<br />During the performance of this contract, the contractor agrees as follows: "k
<br />(a) The contractor will not discriminate against any employee or applicant for. mployment because of race, creed, color, national origin, sex,
<br />marital status, religion, ancestry, mental or physical handicap, or age. The contractor wilf take affirmative action to insure that applicants are employed, and that
<br />employees are treated during employment, without regard to the above mentioned'aaajract6 tics. Such action shall include, but not be limited to the following:
<br />employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forts 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 />(h) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will
<br />receive consideration for employment without regard to race, creed, color, national origin, .sex, marital status, religion. ancestry. mental or physical handicap,
<br />or age.
<br />(c) The contractor will send to each labor union or representative of workers with which he-has a collective bargaining agreement or other contract or
<br />understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
<br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the 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 Affirmative Action of April
<br />16, 1975, and by the rules. regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the
<br />contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders-
<br />(c) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization. or expel any such individual
<br />from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color,
<br />sex, national origin, or ancestry.
<br />(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
<br />discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder: or attempt, either directly
<br />or indirectly, to commit any act defined in this contract to be discriminatory.
<br />form 6- AC -02B
<br />Reviscd 1193
<br />395 -53 -01 -1022
<br />rage 10 or 11 rages
<br />
|