|
<br />~.
<br />
<br />,.
<br />
<br />(r--'l
<br />"--'
<br />
<br />1_'
<br />
<br />F.~ He..", ;j ,.~ PROVISIONS
<br />CONTROLLER'S APPROVAL ...
<br />
<br />I. This contract shall not be deemed valid until it shall have been approved by the Controller orthe Stale or
<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 Stale. .
<br />
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations of the Slate payable aiter the current liscal year are contingent upon funds for that
<br />purpose being appropriated. budgeted and otherwise made available.
<br />BOND REQUIREMENT
<br />
<br />3. Ir this contract involves the payment of more than finy thousand dollars for the construction, erection,
<br />repair, maintenance, Of improvement of any building, road, bridge, viaduct, tunnel. excavation or other public
<br />works for this State,lhe contractor shall. before entering the perfonnance 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 ternlS of this contract Such bond shall be duly executed by a qualilied
<br />corporate surety. conditioned for the duc and faithful performance oHhe contract, and in addition, shall provide
<br />that if the contractor or his subcontractors fail to duly pay for any labor, malerials, team hire. sustenance, pro-
<br />visions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance 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 pcr 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 Slate 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 lhe extent authorized by law. lhe contractor shall indemnify, save and hold hannlesothe Stale, its
<br />employees and agenlS. against any and all claims. damages, liability and court awards including costs, expenses,
<br />and attorney fees incurred 8S 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 letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402.
<br />CRS 1982 Replacement Vo1.). and as required by Executive Order, Equal Opportunity and Affirmative Action.
<br />dated April 16. 1975. Pursuant thereto, thelol/owing provisions shall be contained in all State contracts or
<br />su/).contracrs.
<br />
<br />During the perfonnance of this contract. the contractor agrees as lallows:
<br />
<br />(I) TIle contractor wiU not discriminate against any employee or applicant for employment because of
<br />race. treed. color, national origin. sex, marital status. religion, ancestry, mental or physical handicap, or
<br />age, The contractor will take affirmative action to insure that applicants are employed, and that employees
<br />are treated during employment. without regard 10 the above mentioned characteristics. Such action shall
<br />include. but not be limited to the fOllowing: employment. upgrading. demotion. or transfer, recntltmenl or
<br />recruitment advertising; Jay-ofTs or tenninations; rates of payor other fonns of compensation; and selec-
<br />tion for training. including apprenticeship. TIle contractor agrees to post in conspicuous places, available
<br />to employees and applicants for employment. notices 10 be provided by the contracting officer setting forth
<br />proviSions of this non-discrimination clause.
<br />
<br />(2) The contractor will. in all snlicitalions or advertiscmen!s for employees placed by or on behalf of the
<br />contractor. state that all qualilied 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 />e 3) The contractor will send to each labor union or representative of workers with which he has collective
<br />bargaining agreement or olher contract or understanding, notice to be provided by the contracting officer,
<br />advising the labor union or workers' representative of the contractor's commltlment under the Executive
<br />Order. Equal Opponunity and Affirmative Action. dated April 16. 1975. and orthe rules, regulations, and
<br />relevant Orders of the Governor,
<br />
<br />(4) The contractor and labor unions will furnish all infonoation and rePolU .rec:&~ired by. Exe.eutive Order,
<br />Equal Opportunity and Amnoative Action of April 16. 1915, and by,the rulu.' reBulatio'ri~'arid Orders of
<br />the Governor. or pursuant Ihereto. and will pennit access to his books, records, and accounts by the con.
<br />tracting agency and Ihe office of lhe 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 ex.clude any individual otherwise qualilied from full membership rights in
<br />such labor organization. or expel any such individual from membership in such labor organization or dis.
<br />criminate againsl 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 organization. or the employees or members thereof will not aid. she" incite, compel or coerce
<br />the doing or any act defined in Illis conlracllo he discriminatory or obstruct or prevent any person from
<br />complying with the provisions of Ihis contract or any order issued thereunder: or attempt. either directly or
<br />indJrectly. to commit any acl dclincd in this contraclto be discriminatory.
<br />
<br />395,53-01,1022
<br />Revised 11-85
<br />
<br />page _L of --S- page.
<br />
<br />, .~: "'.
<br />
<br />
<br />-.,:;1-.'
<br />
<br />L
<br />
<br />)
<br />
<br />,.,'
<br />
|