|
<br />(
<br />
<br />t~;~
<br />
<br />F.~ He"". SPECIAL PROVISIONS
<br />CONTROLLER'S APPROVAL
<br />
<br />t. This contract shall not be d~emed valid until it shall have been approved by the Ccntroner of the Slate of
<br />Colorado or such assistant as he Il\ay designate. This provision is applicable to any contract involving the pay-
<br />ment of money by the State.
<br />
<br />FUND AVAILABIUTY
<br />
<br />
<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 otherviise made available.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. If this contract involves th~ payment of more than fifty thousand dolla~ for the construction. erection.
<br />repair. maintenance. or improvement of any building. road. bridge. viaduct. tunnel. ex~avation or other public
<br />works for this Slate. 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 tenns of this contract Such bond shall be duly executed by a qualified
<br />corporate surety, conditioned for the due and faithful perfonnance of the contral:t. 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 suppli~s 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 Scate of
<br />Colorado may be accepted in lieu of a bond. This provision is in complia.nce with 38.26.106 CRS. as
<br />amended.
<br />
<br />INDEMNIFICATION
<br />
<br />4. To the extent authorized k)y law. the contractor shall indemnify, save lind hold harmless the State, its
<br />employees and agents. against an:t and all claims, damages, liability and court awards including costs. expenses,
<br />and attorney fees incurred as a re~ult of any act or omission by the contractor. Or its employees. agents, subcon-
<br />tractors, or assignees pursuant t\) the tenns of this contract.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />5. The contractor agrees to cGmply with the letter and spirit of the Colorado Antidiscrimination Act of 1951,
<br />as amended, and other applicabl~ law respecting discrimination and unfair employment practices (24-34-402.
<br />CR.S 1982 Replacement VoL), and as required by Executive Omer. Equal OpPortunity and Affirmative Action.
<br />dated April 16, 1975. Pursuant (hereto, the following provisions shall be co"rained in all Slale contracts or
<br />sub-contracts,
<br />
<br />During the performance of this contract, the contractor agrees as tollows:
<br />
<br />(1) The contractor will not discriminate against any employee or applil;::ant for employment because 01
<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 t~at applicants are employed, and that employees
<br />are treated during employI'i)ent., 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 />recruiunent advertising; la}o-offs or terminations; rates of payor 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-discriminatioo clause.
<br />
<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 fC)r employment without regard to
<br />race, creed. color, national origin. sex. marital status, religion. ancestry, mental or physical
<br />handicap, or age,
<br />
<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 undentanding. 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 />
<br />(4) The contractor and labor unions will furnish all information and reportS required by Executive Order.
<br />Equal Opportunity and Aflirmative Action of April 16. 1975, and by tht 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 otlice of the Governor or his designee for purposes of investigation to ascenain
<br />compliance with such rules, regulations and orders.
<br />
<br />(5) A labor organization will oat 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 />
<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 auernpt. either directly or
<br />indirectly, to commit any act defined in this contract to be discrimina[Qry.
<br />
<br />, "
<br />
|