<br />Form 6.AC-oZB
<br />
<br />SPECIAL PROVISIONS
<br />
<br />CONTROLLER'S APP1>tJVAL
<br />
<br />1. This contract shall not be deemed valid until it shall have beeJl approved by the Controller of the State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
<br />ment of money by the State.
<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 eJ1tering 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 !:>ond 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 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 />INDEMNIFICATION
<br />
<br />4. To the extent. authorized by law. the contractor shall indelTUlify, save and hold hannless the State. its
<br />employees and agents. against any and all claims. damages, liability aIld court awards including costs. expenses,
<br />and attorney fees incurred as a resull of any act or omission by the COtltrfl.ctC!f;:fl_r~!LS employees, agents, subcon-
<br />tractors, or assignees pursuant to the terms of this contrac.t... '. ,..(tZL..... '. ..'~,~;k.,.~
<br />DISCRIMINATION AND AFFIRMATIVE ACTION {,( "~:.'>" '~~
<br />5. The contractor agrees to comply with the letter and sPirit;~\he Co)qj~~oA~lldiscrimioalionAct of 1957,
<br />as amended, and other applicable law res~ecting di~rim.ination '~.~2,~~fajt.;~p1oy~ent practices (~4-34-~02.
<br />CRS 1982 Replacement Vo!.), and as reqUlred by Exeput.~~e Order~gq\\.lj:l>Opportumty and Affirmative Action,
<br />dated April 16. 1975. Pursuant thereto. th.e{~!lowiri~:ptO.Vi~{!",:/;s sliffiJPbe contained in all State contracts or
<br />sulrcOnlracls. ."a!_4:'....-..:. \. ':-"'JF~f~
<br />!I' ".' , . / 'y
<br />During the performance of thiS~:9:nt:ac't..Jhe con:tractdf' agrees as follows:
<br />(I) The contractor will not discri%~~ia~~. against k; employee or applicant for employment because of
<br />race, creed, color. national origin. sex,- in~r~al status, religion, ancestry, mental or physical handicap, or
<br />age. The contractor will take affirmative,~tion 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; lay-off's or terminations; rates of payor other forms of compensation; and selec-
<br />tion for training, including apprenticeship. The contractor agrees to post in conspicuous places. available
<br />to employees and applicants for employment. notices to he provided by the conU'acting officer setting forth
<br />provisions of this non-discrimination clause.
<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 conside(ation 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 contractor will send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or other contract or understanding. notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's committment 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 labor unions will furnish all information aJld reports required by Executive Order,
<br />Equal Opportunity 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 office of the 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, or expel any such individual from membership in such labor organization or dis-
<br />criminate a~ainst any of its memhers in rhp full ",..,;,.",.,.".,..,1 "r ,,,....,..L- ~__~_.._;... L.A_...A_ _r -..
<br />
|