|
<br />"
<br />
<br />----.'-.\
<br />
<br />.'orm6-AC.02B
<br />
<br />SPECIAL PROVISIONS
<br />
<br />CONTROLLER'S APPRO\'AL
<br />
<br />'.
<br />
<br />I. This contract shall not he deemed ,'alid until it sllall han~ been approved by the Controller oflhe State of Colorado or such assistant as he may designate. This
<br />provision is applicable \0 any contract irwoll'ing the pa~'JlIcnl of money by the Stale.
<br />
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations of the Slale payable aner the currcnlliscal year are contingent upon funds for thai purpose being appropriated, budgeted and otherwise
<br />made available.
<br />
<br />BOND REQUIREMENT
<br />
<br />3. (fthis contract in"oh'e~ the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvemenl orallY building,
<br />road. bridie, viaduct, tunnel. ~xl;aval;on or ol~cr public works for th~s State. the contraclOr shall, before entering the perfo~ance of any such work included in this
<br />contract, duly execute and deliver to IInd file I'.lth the "'fficial whose sIgnature appears below forthe State, a good and suffiCient bond or other acceptable surety to be
<br />approv'ed by said official in a penal sum not less thl4l one.half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a
<br />qualiFied corporate surcty. cOlllhtioneu for the due lIn(j faithful perfonnance of the contract, and in addition, shall provide that if the contractor or his subcontractors
<br />fail to duly pay for any labor, materials, team hire, SUStenanl;e. prol'isions, prov'endor orother supplies used or consumed by such contractor or his subo;;ontractor in
<br />perfonnance of the work Cllntrll..:ted to he do",:, the SLlrety will pay the same in an amount not exceeding the sum specified in the hond, logether with interest at the
<br />rate of cig.ht per cent per anmll1\. Unlcs~ such bond, When so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract
<br />shall be audited, allowC\l or p:'id. A C.'r1ified orcashie(s check or a bank money order payable to the Treasurerofthe State of Colorado may be accepted in lieu of a
<br />bond. This provision is in cn,nplillnce lIith 3R.26-106 eRS, as amended.
<br />
<br />INDEMNIFICATION
<br />
<br />4, To the extent authoriled by law. the contractur shall inuemnify, save and hold hannless the State, its employees and agents, against any and all claims,
<br />damages, liability and court award~ including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its empluyees,
<br />agents, subcontractors, or as~ignees pursuant toth\: tcm!s of this contract,
<br />
<br />DISCRIMINATION AN)) AFFIRMATIVE A.CTION
<br />
<br />5, The contractor agrees to ,omJlly with the leller anu spirit of the Cutorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfairemplnyment practices(24.J4.402. eRS 1982 Replacement Vo!.), and asrequired by Executive Order, Equal Opportunity and Affirma-
<br />tiv'e Action, dllted April Ib, 1'.175. Pur.mUll/lhert'I'), II", jillllJl.-il/g I',(,risiolls slwll h" "rllllailll'd ill ull Slull' co,,/rucls or sllh--c,mlructs,
<br />During the performance ulthis contra..:t. the contractor agrees a~ follo\\'s:
<br />(I) The contractor will not disniminate against an)' employee or applicant for employment because of race, creed, color, national origin, sex, marital status,
<br />religion, ancestry, mental or physical hafldicap, or lige, The contraclor will take atlirmative action to iflsure that applicants are employed, and that employees are
<br />trealed during employment, without regard to the illxl\'e mentioned characteristics. Such action shall include, but not be limited to the [ollowing: emplo)'ment,
<br />upgrading, demotion, or transfer, recruitment or ret;ruitment advertising; la)'-oITs or terminations; rates of pay orOlher forms of com pens lit ion; and selection for
<br />training, including apprenti..:eship. The contractor llgrces to post in conspicuous places, av'ailable to employees and applicants for employment, flotices to be pro-
<br />vided by the contractingoffic~r selling forth Provisions of this non.discrimination clause.
<br />(2) The contractor will, in all solicitations or advertisemelm for employees placed by or on behalf of the contractor, state that all qualified applicants will receive
<br />considnation for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or
<br />age,
<br />(J) The contractor will send to each labor union or represefltativ'e of workers with which he has collective bargaining agreement or other contract or understand-
<br />ing., notice to be provided by the contracting omc~r, adv'ising the labor uflion or workers' representative of the contractor's commitment under the Executive
<br />Order, Equal Opportunity and Affirmative ActiOn, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
<br />(4) The contractor afld labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
<br />1915, and by the rules. regulations and Orders ofttje Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
<br />agency and the ollice of the Gov'ernor or his deSignee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
<br />(5) A labor organization will not exclude any indi"idual otherwise qualified from rull membership rights in such labor organization, or expel any such individual
<br />from membership in sueh labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color,
<br />Sell, national oriSin, or ancestry.
<br />
<br />(6) A labor organization, or the employees or mernbers thereof will nOl aid, abet, incite, compel or coerce the doing of any act defined in this contract to be dis.
<br />criminatory or obstruct or prevent any person frOfn complying with the prov'isions of this contract or any order issued thereunder; or attempt either directly or
<br />indirectly, to commit any act defined in this cont.ractto be discriminatory,
<br />
<br />395-53-01-1022
<br />Revised 1/88
<br />
<br />page~of~pages
<br />
<br />0I:,\OlJ061-88
<br />
|