|
<br />.
<br />
<br />.
<br />
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds
<br />for that purpose being appropriated, budgeted, and otherwise made available.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work
<br />for this STATE, the CONTRACTOR shall, before entering upon the performance of any such work included in
<br />this contract, duly execute and deliver to the STATE official who will sign the contract, a good and sufficient
<br />bond or other acceptable surety to be approved by said official in a penai 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
<br />corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that
<br />if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance,
<br />provisions, provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor in
<br />performance of the work contracted to be done or fails to pay any person who supplies rental machinery,
<br />tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding
<br />the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such
<br />bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall
<br />be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of
<br />the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-
<br />106.
<br />
<br />INDEMNIFICATION
<br />
<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,
<br />expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, or its
<br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. 24-
<br />34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.
<br />Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub-contracts.
<br />
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, or
<br />age. The CONTRACTOR will take affirmative action to insure that applicants are employed, and that
<br />employees are treated during employment, without regard to the above mentioned characteristics. Such
<br />action shall include, but not be limited to the following: employment upgrading, demotion, or transfer,
<br />recruitment or recruitment advertisings; lay.ofts or terminations; rates of payor other forms of
<br />compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in
<br />conspicuous places, available to employees and applicants for employment, notices to be provided by
<br />the contracting officer setting forth provisions of this non-discrimination clause.
<br />
<br />b. 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
<br />to race, creed, color, national origin, sex, martiai status, religion, ancestry, mental or physical handicap,
<br />or age.
<br />
<br />c. The CONTRACTOR will send to each labor union or representative of workers with which he has a
<br />collective bargaining agreement or other contract or understanding, notice to be provided by the
<br />contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitment
<br />under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the
<br />rules, regulations, and relevant Orders of the Governor.
<br />
<br />Page 4 of 6
<br />
|