|
<br />SPECIAL PROVISIONS
<br />
<br />CONTROLLER'S APPROVAL
<br />
<br />1. This contract shall not be deemed valid until it shall have been approved b'~ the Controller of the State of Colorado or such assistant as
<br />he may designate. This provision is applicable to any contract involving the payment of money by the State.
<br />
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations of the State of Colora:lo payable after l.ne current li:scal year are contingent upon funds for that purpose being
<br />appropriated, budgeted and otherwise made available.
<br />
<br />BO~ID REQUIREMENT
<br />
<br />3. If this contract involves the payment of more than fifty thousand dollcu"S 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 $hall, before entering
<br />upon the performance of any such work included in this contract, duly execute and deliver to the State official who will si{ln the contract, a
<br />good and sufficient bond or other acceptable sumty to be approved by said official in a penal sum not less than one-half of the total amount
<br />payable by the terms of this contract. Such bond shall be duly executed by ,CI qualified corpora,te surety, condition,ed upon the faithful
<br />performance of the contract and in addition, shall provide that if the contractor elf' his subcontractors fail to duly pay for .my labor, materials,
<br />team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontra'ctor in performance
<br />of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work
<br />the surety will pay the same in an amount not exceeding the sum specified in ~~ bond, together with interest at the rate of eight per cent per
<br />annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such eontr.3ct shall be audited,
<br />allowed or paid. A certified or cashier's check or a bank money order payable tn the Treasurer of ttle State of Colorado rrulY be accepted in
<br />lieu of a bond. This provision is in compliance wth CRS 38~26-106.
<br />
<br />INDEMNIFICA nON
<br />
<br />4. To the extent authorized by law, the contractor shall indemnify, save and 110ld harmless the State, its employees an(j agents, against
<br />any and all claims, damages, liability and court aW3rds induding costs, expenses, and attorney fees incurred as a result of any act or omission
<br />by the contractor, or its employees, agents, subcontractors, or assignees pUrSlIclnt to the terms of this contract.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTIO"
<br />
<br />5. The contractor agrees to comply with the letter and spirit of the Colora<jo Antidiscrimination Act of 1957, as ame!nded, and other
<br />applicable law respecting discrimination and unfair employment practice (CRS 24-34-402), and as required by Executive Order, Equal
<br />Opportunity and Affirmative Action, dated April 1 €i, 1975. Pursuant thereto, the foflO'oving provisions shaff be contained in all State contracts
<br />or sub-contracts.
<br />
<br />During the performance of this contract, the col1tractor agrees as follows:
<br />
<br />(a) The contractor will not discriminate against any employee or applicant foe I~mpfoyment because of race, creed, o::>lor, national origin,
<br />sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that
<br />applicants are employed, and that employees are treated during employment. without regard to the: above mentioned characteristics. Such
<br />action shall indude, but not be limited to the! following: employment, uPorading, demotion, or transfer, recruitment or recruitment
<br />advertisings; lay-offs or terminations; rates of pc:ty or other forms of compensat'<>n; and selection fe,r training, induding clpprenticeship. The
<br />contractor agrees to post in conspicuous plaCE!S, available to employees and applicants for employment, notices to be provided by the
<br />contracting officer setting forth provisions of this non..(jiscrimination dause.
<br />
<br />(b) The contractor will, in all solicitations or advertisements for employees plac:ed by or on behall' of the contractor, state that all qualified
<br />applicants will receive consideration for employment without regard to race, creed, color. national origin, sex, marital status, religion,
<br />ancestry, mental or physical handicap, or age.
<br />
<br />(c) The contractor will send to each labor union or representative ot workers ~~lh which he has a 1::oIIective bargaining agreement or other
<br />contract or understanding, notice to be provided by the contracting officer, advising the labor 'union or workers' representative of the
<br />contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules,
<br />regulations, and relevant Orders of the Governor.
<br />
<br />(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative
<br />Action of April 16, 1975, and by the rules, regul;;ttions and Orders of the Governor, or pursuant thereto, and will pennit clcceSS to his books.
<br />records, and accounts by the contracting agency and the office of the Govemo:>r Of his designee for purposes of inves'~gation to ascertain
<br />compliance with such rules, regulations and orders.
<br />
<br />(e) A labor organization will not exclude any individual otherwise qualified from full membership ri.ghts in such labor organization, or expel
<br />any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work
<br />opportunity, because of race, creed, color, sex, national origin, or ancestry.
<br />
<br />(0 A labor organization, or the employees or members thereof will not aid, abE!t. incite, compel or coerce the doing of any act defined in
<br />this contract to be discriminatory or obstruct or prevent any person from compl)~ng with the provisions of this contract or any order issued
<br />thereunder; or attempt either directly or indirectly, to commit any act defined i:n this contract to be discriminatory.
<br />
<br />FOnTl 6.AC.02B
<br />Revised 1/93
<br />395.53-01.1022
<br />
<br />Page ,jLof _.!L. Pages
<br />
|