|
<br />FQnn 6-AC-028
<br />
<br />SPECIAL PROVISIONS
<br />
<br />CONTROLLER'S APPROVAL
<br />
<br />I. This contract shall not be deemed valid until it shall have been approved by the Controller of the Slate of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contI act 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. If this 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, tunnel, excavation or other public
<br />works for this State, 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 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 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 uudlted.
<br />allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the Statc of
<br />Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-20-106 CRS, as
<br />amended.
<br />
<br />INDEMNIFICATION
<br />
<br />4. To the extent authorized by law, the contractor shall indemnify, save and hold hilrmless the State, its
<br />employees and agents, against any and all claims, damages, liability and courl awards including costs. expenSeS,
<br />and attomey fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon-
<br />tractors, 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 lettcr and spirit of the Colorado Autidiscrilllination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402.
<br />CRS 1982 Replacement Va!.), and as required by Executive Order, Equal Opportunity and Atlimlative Action,
<br />dated April 16. 1975. Pursuant thereto, the folloltlillg prOl'isions shall be cOlltaincd ill (III .s'/ale carl/racts ur
<br />sub-contracts.
<br />
<br />During the performance of this contract, the contractor agrees as lollows:
<br />
<br />(I) 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 />agc, Thc contractor willtuke affirmative action 10 insure that applicants arc employed, and that employces
<br />arc 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 />rccruitment advertising; lay-olTs or terminations; rates of payor other forms of compensation; and selec-
<br />lion 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 ollicer scuing fonh
<br />provisions of this non-discrimination 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 will send to each labor union or representative of workers with whkh he has collective
<br />bargaining agreement or other c'ontract or understanding, notice to be provided by the contnlcting ollicer,
<br />advising the labor union or workers' representative of the contractor's committment under the Ex..::cutive
<br />Order, Equal Opponunity 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 repons required by Executive Order,
<br />Equal Opportunity and Affirmative Action of Apri116, 1975, and by the rules', regulations and Orders of
<br />the Governor, or pursuant thereto, and will permit acc~"s to hi:) bouks, records, and accounts by the con-
<br />tracting agency and the ollice 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 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 organiz.ation, 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 atlempt, 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 _8_ pages
<br />
<br />OC.I~/iI).-.1
<br />
|