Castle Rock Teach by Example Contract

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Fonn ..."c.ola SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by me Conrroller of the Slate of Colorado or such assistant as he may designate. This provision is applicable to any conuact involving the payment of money by the Slate. FUND A V A1LABILITY 2. Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated. budgeted and omerwise made available. . BOND REQUIREMENT 3. If this contract involved the payment of more than fifty thousand dollars for the consttuction. erection. repair. maintenance. or improvement of any building. roact. bridge. viaduct. tunnel. excavation or other public works for this State. the contractor shall. before entering the performance of any suc:;h work included in this contract. duly execute and deliver to and file with the official whose signatucc appears below for the SlOlte. a good and sufficient bond or other acceptable surety to be approved by saidofficiaJ in a penal sum not less than one-half of the total amount payable by the tennsofthis contract Such bond shall be duly execute by a qualified corporarc: surety. conditioned for the due and faithful perfonnance of the contract. and in addition. shall provide that if the contractor or his subcontnCtors fail to duly pay for any labor. materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the rate of eight per cent per annum. Unless such bond. when so required. is executed. delivered and filed. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be aa:epred in lieu of a bond. This provision is in compliance with 38.26-106 CRS. as amended. INDEMNIFICATION 4. To Ihe extent authorized by law. the cor.tractcr shall indemnify. .lave:md hold hannless the Slate.lt~ employees and agents. against any and all claims. damages. liability and coun awards including costs. expenses. and auomey fee~ incurred as a resull of any act oromission by the contractor. or its employees. agents. subcontractors. or assignee... pursuant 10 the ter.ns of this contract, DISCRIMINATION AND AFFIRM A TIVE ACTION 5. The contractor agrees to compiy with the letter and spirit of the Colorado Antidiscriminalion Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment practices (24-3-1.-402. CRS 1988 Replacement Vol.). and as required by Executive Order. Equal Opponunity and Affirmative Action. dated April 16. J 975. Pursuant [hereto. [he following provisions shall be contained in all State COOlmets or s.ub-eontmet~. During lhe performance of this comrJ.ct. the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of race. creed. color. national origin. sex. marital status. religion. ancestry, mental or phy~ical handicap. or age. The c;ontr.Jctor will take affirmative action to insure that applicants are !:mployed. and that employees are treated during employment. without regard to the above mentioned charJ.cteristics. Such action shall include. but not be limited to the following: employment. upgrading. demotion. or tr.lnsfer. recruilment or recruitment advenising; lay-offs or terminations: rates of payor other forms of compensation: and selection for training. including apprenticeship. the contractor agrees to poSt in conspicuous places. available to employees and applicants for employment. 2) The COntrdCtOr will. in all solicitauons or advenisements for employees placed by or on behalf of the contractor. state that all qualified applicants will receive consideration for employment without regard to race. creed. color. national origin. sex. marital status. religion. ancestry. mental or physical handicap. or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreements or other contraCt or understanding. notice 10 be provided by Ihe contracting officer. advertising the labor union or workers' representative of lhe contractor's commitme.nt under the Executive Order. E4ual Opportunity and Affirmative Action. dated April 16. 1975; and of the rules. regulations.:md relevant Orders of the Govemor. (4) The contr.lctor and labor unions will furnish all information and cepans required by Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975. and by the rules. regulations and Orders of the Governor. or pursuant thereto. and will permit access to his books. records. and accounts by the contr.lcting agency and the office of the Governor or his designee for purposes of investigation 10 ascenain compliance with such rules. regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organizations. or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opponunity. because of handicap. race. creed. color. sex. age. nalional origin. or ancestry. (24.34402 (I) (cll (6) A labor organiz:llion. or the employees or members Ihereof will nOI aid. abet. incite. compel or coerce the doing of any act defined in this contraCl to be discriminatory ur obstruct any person from complying with the provisions of this contract or any order issued thereunder. or attempt either directly or indirectly. 10 commit any ael delined in Ihis comract to be discriminalory. I 24-34-.402 (I) (e) ) Page 5 of 6 pages Revised 5191 395-53-01-1022