Silt Can Save Education Contract

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Form 6-AC..o28 SPECIAL PROVISIONS CONTROLLER'S ,-\PPROV AL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND A V AILABILITY 2. Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. . BOND REQUIREMENT 3. If this contract involved the payment of more than fifty thousand dollars for the construction. erection. repair. maintenance. or improvement of any building, road. bridge. viaduct. tunnel. e~cavation or other public works for this State. the contractor shall. before entering the perfonnance of any such work included in this contract. duly execute and deliver to and file wilh the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one.half of the total amount payable by the tenns of this contract. Such bond shall be duly execute by a qualified corporate surely. conditioned for the due and faithful perfonnance of the contract. and in addition. shall provide that if the contractor or his .subcontractors fail to duly pay for any Jabor. malerials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance of the work contracted to be done. the surety will pay the same in an amount not e~ceeding 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 Colomdo may be accepted in lieu of a bond. This provision is in compliance with 38'::~6-106 CRS, as amended. tNDEMNIFICA TION 4. To the extent authorized by law. the cor.tractor shall indemnify. save and hold harmless the State. its employees and agents. against any and all claims. damages. liability andcoun awards including costs. expenses. and attorney fees incurred as a result of any act or omission by the contractor. or its employees. agents. subcontractors. or assignee., pursuant to the [~r.ns of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contrllctor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment practices (24.34-402. CRS 1988 Replacement Vol.), and as required by Executive Order. Equal Opportunity and Affinnative Action. dated April 16. 1975. Pursuant thereto. the following provisions shall be contained in all State contractS or sub.contracts. During the perfonnance of this contrJ.ct. the contractor agrees a<; follows: (I) The contractor will not discriminate against any employee or applicant for employment because ofr.1Ce. creed. color. national origin, sex. marital status. religion. ancestry, mental or physical handicap. or age. The contrclctor will take affirmative action to insure that applicants are employed. and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include. but not be limited [0 the following: employment. upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of payor other fonns of compensation; and selection far rraining, including apprenticeship. the contractor agrees to post in conspicuous places, available [0 employees and applicants for employment. 2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that aU qualified applicants will receive consideration for employment without regaro 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. noriee ro be provided by the cOnlnlcting officer. advertising the labor union or workers' representative ofrhe conlr:actor's commitme.nt under !he fuecutjve Order. Eljual Opportunity and Affirmative Action. dated April 16. 1975. and of the rules. regulations. and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by E~ecutive Order. Equal Opportuni,y and Affirmative Action of April 16. 1975. and by the rules. regulations and Orders of the Governor, or pursuant thereto. and will pennit access to his books. records. and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigscion co ascertain compliance with such roles, regula(ions and orders. (5) A labor organization will not e~clude any individual otherwise qualified from full membership rights in such labor organizations, or e~pel any such individual from membership in such labor organization or discriminate against any of its members in me full enjoyment of work opporttmity. because of handicap, race. creed. color. se~. age, national origin. or ancestry. (24.34-402 (I) (c)) (6) A labor organization, or the employees or members thereof will not aid. abet. incite, compel or coerce the doing of any act defined in this contract 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. to commit any act defined in this contract to be discriminatory. (24.}4.-402 (I) (e)) Revised 5191 395-53-01-1022 Page l of ~ pages