|
<br />"..... ...'.
<br />
<br />",~ 6-AC."'8 SPECIAL PROVISIONS
<br />CONTROLLER'S APPItOVAL
<br />
<br />I. This contract shall nOl pe 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 conuact invoh'ing 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 yea( are contingent upon funds for that
<br />purpose being appropriated, tJudgeled and otherwise made available.
<br />
<br />BOND REQIDREMENT
<br />
<br />3. If this contract involves the payment of more than fiflY thousand dollars for the construction, e~ection,
<br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
<br />works for this Stale, the contractor shall, before entering the performance of jlny such work included in this con.
<br />uact, duly execute and delive( 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 (or the due and faithful performance of the contract, and in addilion, 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 lhis contract shall be auditcd,
<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 acccpted ifl lieu of a bond. This provision is in compliance wilh 38-26-106 CRS, as
<br />amended.
<br />
<br />INDEMNIFICATION
<br />
<br />".;,
<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;my 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 pursuan( to the terms of this contract.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />5. The contraclOr agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicaple law respecting discrimination and unfair employment praClices (24-34-402.
<br />CRS 1982 Replacement Vol.), p.nd as required by Executive Order, Equal Opportunity and Affirmative Action,
<br />dated April 16, 1975. Pursuant thereto, rhe/ollowing prol'isions shall be contained in all State contracts or
<br />sulrcontracts.
<br />During the performance of this contract, the Contractor agrees as follows:
<br />(1) The contractor will not discriminate against any employee or applicant for employment because of
<br />race. creed, color. nation~1 origin, sex, marital status, religion, ancestry. menta] 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: I~y-offs or terminations; rates of payor other forms of compensation: and se]ec-
<br />tion for training. including apprenticeship. The contractor agrees to post in conspicuous places. available
<br />to employees and applicants for employment, nmices to be provided by the contracting officer setting forth
<br />provisions of this non-discrimination clause.
<br />(2) The contractor will, irl all solicitations or advenisements for employees placed by or on behalf of the
<br />comractor, 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 comractor will send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or olher contract or understanding, nmice to be provided by the contracting officer.
<br />advising the labor union or workers' representative of the contractor's committmenl 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 lat'or unions will furnish all information and repons required by Executive Order.
<br />Equal Opponuniry 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 o(fice of Ihe 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. of 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 opponunity, 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 prevcnt any person from
<br />complying with the provisions of this contract or any order issued thereunder: or altempl. either directly or
<br />indirectly. to commit any act defined in this contract (Q be discriminatory.
<br />
<br />395-53-0]-1022
<br />Rcvised 11.85
<br />
<br />page. .5__ of 6 _ pages
<br />
|