Cherry Creek Valley CIRCE Contract

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Form 6-AC-028 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 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. . BONP REQUIREMENT 3. Ifmis contract involved the payment of more than fifty thousand dollars for the consU'Uction. erection. repair. maintenance. or improvement of any building. road. bridge. viaduct. tunnel. excavation or other public works for this State. the contractor shall. before emering the performance of any such work included in this contract. duly execute and deliver to and file with 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 [ow amount payable by the tenns of this contract. Such bond shall be duly execute by a qualified corporate surety. 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 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 accepted in lieu of a bond. This provision is in compliance with 38~16.106 CRS. as amended. INDEMNIFICATION 4. To the extent authorized by law, the cor-tractor shall indemnify. save and hold harmless the State. ilS employees and agents. against any and all claims. damag.es. Iiabilily and court awards including costs. eltpenses. and 3ttomey fees incurred as a re::.uh of any act or omission by [he contractor. or its employees. agents. subcontractors. or assignee.\ pursuant to the temlS ofthi,!; cnntract. DISCRIMINATION AND AFFIR:l1A TIVE ACTION 5. The contractor 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 (24.3-l.-t02. CRS 1988 Replacement VoL). and as required by Executive Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. Pursuant thereto. the following provisions shall be contained in all Slate contracts or sub-conlracls. During [he perfonnance of this conrrJ.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 physical handicap. or age. The contt'dctor will take affirmative action 10 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 to the following: employment. upgrading. demotion. or transfer. recruilment or recruitment advertising; 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 contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor. state that all qualified applicants will receive consideration for employmenl without regard to race. creed. color. nalional origin, sex. marital status. religion. ancestry, mental or physical handicap, or age. (]) The contractor will send 10 each labor union or representative of workers with which he has collective bargaining agreements or other contract or understanding. nOlice 10 be provided by the contracting officer. advertising the labor union or workers' representative of the contractor's commitme,nt under the EXCi:utive Order. El.(ual Opportunily and Affinnative Action. dated April 16. 1975. and of lhe rules. regulations. and relevant Orders of [he Governor. (4) The contractor and labor unions will furnish all infonnation and reports required by Elteculive Order. Equal Opportunity and Affirmative Action of April 16. 1975. and by !he rules. regulations and Orders of the Governor. or pursuanl 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 investigation 10 ascertain compliance with such rules. regulations and orders. (5) A labor organization will not eltclude 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 againsl any of its members in the full enjoyment of work. opportunity. because of handicap. race. creed. color. sex. age. national origin. or ancestry. (24-34..1.02 (I) (c)) \6) A laoor organization. OT the employees 01' members thereof wiU not aid. abet. incite. compel or coeTce the doing of any act defined in this contract to be discriminatory ur obstruct any person from complying with the provisions of this contrnct or any order issued thereunder: or auempl either directly or indirectly. to commit any act defined in [his contract to be discriminatory. ( 24.}4.-402 ( I) (el ) Revised 5191 395-53-01-1022 Page 2... of .L pages