<br />Form 6-AC-OtB
<br />
<br />~
<br />
<br />SPECIAL PRuVISIONf'
<br />
<br />,>
<br />
<br />COI\'TROLLER'S APPROVAL
<br />
<br />I. This contract shall not be deemed valid until it shall have been aJ7proved by the Controller of the State of
<br />Colorado or such assistanl as he may designate. This provision is applicable to any contract involving the pay-
<br />ment of money by the State.
<br />
<br />FVND A V AILABILI1'Y
<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 orherwise made available.
<br />
<br />BOND REQillREMEI\'T
<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 inch.lded in this con-
<br />tract, duly execute and deliver to and file with the official whose signatLlre 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 p<iyable by the terms of this contract. Such bond shall be duly executed by a qualified
<br />corporale SUret~.. conditiofled for the due and faitl1ful performance of the contract. and in addition, shall provide
<br />thaI if the cumrac{or or hi5 subcontractors fail to duly PRY for any labor, materials. team hire. sustenance. pro-
<br />visions, provelldor or other supplies used or consumed by such contractOr or his ~ubcontractor in perfon:nance of
<br />the worl-:: contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the
<br />bood, together with interest at the rate of eight per ce'nt 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 compliance with 38-26~106 CRS, as
<br />amended.
<br />
<br />INJ)EMNlFICATION
<br />
<br />4. To the extent authorized by Jaw, the contractor shall indemnify, save and hold hannless the State, its
<br />employees and agents. against any 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 pursuant to the terms of tbis 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 unf<tir employment practices (24-34-402.
<br />CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action,
<br />dated April 16, 1975. Pursuant thereto, the following provisions shalll'e contained in all State contracts or
<br />sub-contracts.
<br />
<br />During the performartce 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 physica.l handicap, or
<br />age. The contractor wjl! take affinnative action to insure that applicants are employed, and that employees
<br />are treated during employment, without regard to the above mentio.ned characteristics. Such action shall
<br />include, but not be limited to the following: employment. upgrading. demotion, or transfer. recruiunent or
<br />recruitment advertising: lay-offs or terminatiDns; rates of payor other forms of compensation; and selec-
<br />tion for training. including apprenticeship. Tbe contractor agrees to pOSt in conspicuous plllces, available
<br />to employees and applicants for employment. notices to be provided-by the contracting officer setting forth
<br />provisions of this non-discrimination clause.
<br />
<br />(2) The COntraClOr will. in all solicitations or advertisements for employees placed by or 00 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 />(31 The COntractor will s~nd to each labor union or representative of workers with which he has collective
<br />bargaining agreemem or other contract or understanding, notice to b~ pro\'ided by the contracting officer.
<br />ad\'ising the labor union or workers' reFresentative of the contractor'S committment under the Executi\'e
<br />Order. Equal OpPorlU{lity and Affinnative Action. dated April ]6, 1975. and of the rules. re}ulations. and
<br />relevant Orders of the Governor.
<br />
<br />(..+) The contractor and labor ullions will furnish all intormarion and (epom required by Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975. and by the rules. regulations ~d Orders of
<br />the Go\"crnor. or pursuant thereto. and will permit access to his book-So records. and accounts by the con-
<br />tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain
<br />cumpliance WJlh such rules. regulations and orders.
<br />
<br />(5) A labor organizati,1D will not exclude any individual otherwise qualified from full membership rights in
<br />""..::h l.:lhor organizatlt1n. or expel any such individual from membership in such labor organization or dis-
<br />.:rimin",t.: <.lg:ainst :L'l~' (If its members in the rvl! enjoyment of .....ork (.1ppotlunity, because of race. creed.
<br />~'(ll('r. SC.\. national origin. or ancestTV.
<br />
<br />(6) A labor organization. or the employees or members thereof will not aid. abet. incite. compel or ,"oerce
<br />the J~ing. of any act delined in this COntract to be discriminatory or (lbstruct or pre\'ent any person from
<br />complying with the pro\'isions of this contract or any order issued thereunder: or attempt. either directly or
<br />Indirect]y. 10 commit any act defined in this contract to be discriminatory.
<br />
<br />395-S.i.OI-1022
<br />Rc\'iscd 11-85
<br />
<br />page
<br />
<br />2
<br />
<br />of
<br />
<br />3
<br />
<br />pages
<br />
|