|
<br />~'
<br />
<br />Fo~ 6.AC"'B SPECIAL PROVISIONS
<br />CONTROLLER'S APPROVAL
<br />
<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 />
<br />FUND AVAILABILITY
<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 otherwise made available.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. lfthis 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, tunllel, excavation or other public
<br />works for this State, the contractor sha1~ before entering the performanCe of any !'luch work included in this con-
<br />tract, duly execute and deliver to and file with the official whose signature appellfS 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 sllbcontractor in perfonnance 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 compliarlce with 38-26-106 CRS, as
<br />amended.
<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 aw;U'ds including costs, expenses,
<br />and attorney fees incurred as a reso.lt of any act or omission by the contractor, or ~ts employees, agents, subcon-
<br />tractors, or 8;ssignees 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 (24-34-402.
<br />CRS 1982 Replacement Vo1.), and as required by Executive Order, Equal Opportunity and Affinnative Action,
<br />dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all Statl! contracts or
<br />sulrcontracts.
<br />
<br />During the performance of this contract, the contractor agrees as follows:
<br />
<br />(1) The contractor will not discriminate against any employee or applicant for employment because of
<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 employmertt, without regard to the above mentioned characteristics. Such action shall
<br />include, but not be limited to the following: employment, upgrading, demotiDn, or transfer, recruitment or
<br />recruitment advertising; lay-offs or tenninations; rates of payor other form:> of compensation; and selec-
<br />tion for training. including apprenticeship. The contractor agrees to post in c:onspicuous places, available
<br />to employees and applicants for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non-discrin1ination 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 for 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 wiU send to each labor union or representative of worker; 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 conu1littment under the Executive
<br />Order, Equal Opportunity and Affinnative Action, dated Apri116, 1975, anc! of the rules, regulations, and
<br />relevant Orders of the Governor.
<br />
<br />(4) The contractor and labor o.nions will furnish all information and reports required by Executive Order,
<br />Equal Opportunity and AtTrrm.ative 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, recofds, 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 />
<br />(5) A labor organization will not exclude any individual qtherwise qualified from full membership rights in
<br />such labor organization, or expel any such individual from membership in sllch 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, libet, 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 />
<br />395-53-01-1022
<br />Revised 11 ~85
<br />
<br />page ~ of _i- pages
<br />
|