|
<br />Form 6.AC-02B
<br />
<br />SPECIAL PROVISIONS
<br />
<br />CONTROLLER'S APPROVAL
<br />
<br />1. This contractshall not be deemed valiil until itshall have been approved by the Controller of the State ofCo\oradoorsuch assistant ashe may designate.1his
<br />provision is applicable to any contract involving the payment of money by the State.
<br />
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations ofthe State paysble after the current fiscal year are contingent upon funds foriliat purpose being appropriated, budgeted and otherwise
<br />made available.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. If this contract involves the payment ohnore than fifty thousand dollars for the constrUction, erection, repair, maintenance, or improvement of any building,
<br />road,. bridge, viaduct, tunnel, eltcavationor olherpublic wotks for this State, the contractor shall, before enteringthe performance of any such work included in this
<br />contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or oUter acceptable surety to be
<br />approved by said official in a penal sum not less Ihan one.halfofthe total amount payable by the tent1S of this contract.. Such bond shall be duly executed by a
<br />qualified corporllte surely, conditioned for the due and faithful perfonnance of the contract, and in addition, shall provide that if the contractor or his subcontracwrs
<br />fail to duly pay for any labor, materials, team hire, sustenance,provisions,provendororother supplies used or consumed by such contractor or his subcontractor in
<br />performance of the work contraCted to be done, the surety will pay the same in an amount not ex:ceediitg the sum specified in the bond, togetberwithinterest aUhe
<br />rate of eight percent per annum. Unless sucJ1. bond, when so required, is executed, delivered andfiledt no claim in favOTofthe contractor arising under this contr;lct
<br />shall be audited, allowed orpaid. A certifiedorCllshier's check or a bank money orderpayabletothe Treasurerofthe Slate of Colora do may be accepted in lieu of II
<br />bond. This provision is in compliance with 38-26-106 cas, as amended.
<br />
<br />INDEMNIFICATION
<br />
<br />4. To the extent authorized by law, the (.\Ontractor shall indemnify, save and hold hannless the State, its employees and agents, against any and all clainls,
<br />damages, liability and court awards includirlg costs, expenses, and attorney fees incurred as II result of any act or omission by the contractor, or its employees,
<br />agents, subcontractors, or assignees pursua/lt to the terms of this contract.
<br />
<br />DlSCRIMINATION AND AFFIRMA'tIVE ACTION
<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vat), and as required by Executive Order, Equal Opportunity and AfTmna.
<br />tive Action, dated April 16, 1975. Pursuanllhereto, thelol/owing provisions shall be contained irl all Stale contracls orsub-contracts.
<br />During the performance of this oontta<:t, the contractot agCees as follows: _
<br />(I) The contractor win lIDt discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital statuS,
<br />religion, anceslry, mental or physical handicap, or age. 'q1e contractor will take affinnative action to insure that applicants are employed, and that employees are
<br />treated during employinent, without regard to the above,mentioned characteristics. Such action shall include, but not be limited to the fOllowing; employment,
<br />upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or tenninations; rates of pay orotberfonns of compensation; and selection for
<br />training, including apprenticeship. The contractor agrees'to post in conspicuous places, available to employees and applicants for employment, notices to be pro-
<br />vided by the contrllcting officer setting fortb provisions' of this non-discrimination clause.
<br />(2) The contractorwiIJ, inan solicitations or advertisements for employees placed by oron behalfofthe contractor, state that all qualified applicants wjli receive
<br />consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or
<br />....
<br />(3) The contractor will send to each labor union orrepresentativeofworkers with which he has collective bargaining agreement or other contractor understand.
<br />ing, notice to be provided by the contractitlg officer, advising tbe labor union or workers' representtltive of the contractor's commitment under the Executive
<br />Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and of the rules, regulations. and relevant Orders of the Governor.
<br />(4) The contractor and labor unions will furnish all infonnat.ion and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
<br />1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will pennit access to his books, records, and accounts by the contracting
<br />agency and the office of the Governor or /lis designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
<br />(5) A labor organization will not exclude allY individual otherwise qualffied from full membershiprigbts in such labor organization, or expel any such individual
<br />from member:;hipin :;\l.ch labor organi1.atiOI1 or rnr.crimir.ate against any oflt:; members in the full enjoyment of work OpPOrtunity, becau:;e ofT8ce, creed, color,
<br />sex, national origin, or ancestrY.
<br />(6) A labor organization, or the employees orrnembers thereofwj]] not aid, abet, incit~, compel or coarce the doing of any act defined in this contract to be dis,
<br />criminatory or obstruct or prevent any person from 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 1/88
<br />
<br />page~Of~pages
<br />
<br />0<.10-23060.-88
<br />
|