Form 6-AC-02B 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
<br /> Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
<br /> ment of money by the State.
<br /> FUND AVAILABILITY"
<br /> 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
<br /> purpose being 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,
<br /> repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
<br /> works for this State,the contractor shall,before entering the performance of any such work included in this con-
<br /> tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good
<br /> and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
<br /> half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
<br /> corporate surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide
<br /> that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro-
<br /> visions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
<br /> the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the
<br /> bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is
<br /> executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited,
<br /> allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br /> Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as
<br /> amended.
<br /> INDEMNIFICATION
<br /> 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
<br /> employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,
<br /> and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents, subcon-
<br /> tractors, 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 A ;I.i 1 ri ina ion Act of 1957,
<br /> as amended, and other applicable law respecting discrimination and unfair empl• '`.. '` t. ct es 4-402.
<br /> CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Oppo •' 'tykh iv ction,
<br /> dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in a racts or
<br /> sub-contracts.
<br /> During the performance of this contract, the contractor agrees a�;' o o : ; ;
<br /> (1) The contractor will not discriminate against any employee or applicant for empl e ' f
<br /> race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or
<br /> age. The contractor will take affirmative action to insure that applicants are employed,and that employees
<br /> are treated during employment, without regard to the above mentioned characteristics. Such action shall
<br /> include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
<br /> recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selec-
<br /> tion for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
<br /> to employees and applicants for employment,notices to be provided by the contracting officer setting forth
<br /> provisions of this non-discrimination clause.
<br /> (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
<br /> contractor, state that all qualified applicants will receive consideration for employment without regard to
<br /> race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical
<br /> handicap, or age.
<br /> (3) The contractor will send to each labor union or representative of workers with which he has collective
<br /> bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
<br /> advising the labor union or workers' representative of the contractor's committment under the Executive
<br /> Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and
<br /> relevant Orders of the Governor.
<br /> (4) The contractor and labor unions will furnish all information and reports required by Executive Order,
<br /> Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of
<br /> the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the con-
<br /> tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain
<br /> compliance with such rules, regulations and orders.
<br /> (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
<br /> such labor organization, or expel any such individual from membership in such labor organization or dis-
<br /> criminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
<br /> color, sex, national origin, or ancestry.
<br /> (6) A labor organization,or the employees or members thereof will not aid, abet, incite,compel or coerce
<br /> the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
<br /> complying with the provisions of this 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 /> 395-53-01-1022 page _2 _ of __3_ pages
<br /> Revised 11-85
<br />
|