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LPPD000279
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Last modified
11/19/2009 11:25:12 AM
Creation date
3/26/2007 10:21:31 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153681
Contractor Name
Elmwood Lateral Ditch Company, Inc.
Contract Type
Loan
Water District
72
County
Mesa
Loan Projects - Doc Type
Contract Documents
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<br />CONTROLLER'S APPROVAL <br /> <br />I. This conlracl shall nOlI><: deemed valid until it shall have been approved b'h<A.lr.;J"r <br />provision is applicable 10 any contract involving the payment of money by the ~-tl.J.. <br /> <br />SPECIAL PROVISIONS <br /> <br />Slale of Colorado or such assistanl as he may designate. This <br /> <br />FUND AVAILABILITY I <br /> <br />2. Financial obligations of Ihe Slate of Colorado payable after Ihe r;N:caIFTcttf:' ent"'.r..'-......n. funds for that purpose being appropriated, budgeted, <br />and otherwise made available. . . ., l'l:~.., .,~"t/I ;.,...,,' .' . <br /> <br />BOND REQUIREMENT <br /> <br />.3. If this conlract involves the payment of more than fifty thousand dollars' for the construction, erection. repair. maintenance, or improvement of any building, <br />road, bridge. viaduct. tunnel. exca vation or other public work for this State. the contractor shall, before entering upon the performance of any such. work included <br />in Ihis contract, duly execute and deliver to the State official who will sign the contract. a good and sufficient bond or other acceptable surety to be approved by <br />said official ina penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall I><: duly executed by a qUalified Corporate <br />surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any <br />labor, materials. team hirc. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his sul><:ontractor in performance ofthe worle <br />contracted to I><: done or fails to pay any person who .supplies rental machinery. tools,. or equipment in the prosecution of the worl: the surety will pay the same in <br />an amount not uceeding the sum specified in the bond. together with interest at the rate of eight per cent pe(annum. Unless such bond is executed. delivered' and <br />filed, no claim in favor of the contractor arising under such contract shall be audit~, allowed or paid. A certified or cashier's checl: or a bank money order payable <br />to the Treasurer of the State of Colorado may be accepted in lie.u of a bond. This provision is in compliance with CRS 38-26-106. <br /> <br />INDEMNIFICA TION <br /> <br />4. To the extent.authorized by law. the contractor shall indemnify, save. and hold harmless the State. its employees and agenls. against any and all claims. <br />damages. liability and court awards including COSlS,. expenses. and attorney fees incurred as a result of any act or omission by the contractor. or its employees.. <br />agents. subeontractors. 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 leller and spirit o( the Colorado Antidiscrimination Act of 1957, as amended. and other applicable law respecting <br />discrimination and unfair cmployment practices (CRS 24-34-402). and as required by Executive Order. Equal Opportuniiy and Affirmative Action, dated April 16. <br />1975. PurSU4nt thu~to. th~Iollowing provisions shall ~ contain~d in all Stale contracts or sub-controcts. <br /> <br />During the performance of this contract, the contractor agrees as follows: <br />, <br /> <br />(a> The contractor will not .discriminate against any.employee or applicant for employment because of race. creed. color, national origin. sex. <br />marital status, religion. ancestry. mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed. and that <br />employees are treated during employment. without regard to the above mentioned characteristics. Such action shallincluck, but not be limited to the following: <br />employment upgrading, demotion, or lransfer. n:cruitment or recruitment advettiSings: lay-offs or terminations: rates of payor other forms of compensation: and <br />selection for training. including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. <br />notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. <br /> <br />(bl The contraclor will. in all solicitations or advertisemenls for employees placed by oron behalf of Ihe contractor. state that all qualified applicants will <br />reeei ve consideration for employn.c:nt without regard to n~ce. creed. color. nalional origin. -sex. marital StalUS. Icligion. ancestry. mental or physical handicap. <br />or age. <br /> <br />(c) The COntraclor will send 10 each labor union or represenlalive' of workers with which he has a collective bargaining agreemem or olher contract or <br />undentanding, notice to be provided-by the contracting officer: advising the labor union or worlcers' representative of Ihe contraclor's commilment under the <br />Executive Order, Equal Opportunity and Affirmative Action. dated April 16. 1975, and of Ihe rules. regulations. and relevamOrders of the Governor. <br /> <br />(dl The conlractor and labor unions will furnish all-information and reports required by Executive Order. Equal Opportunity and Affirmative Action of April <br />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 <br />cOnlracting agency and the office of the Governor or his designee for purposes of invesligalior. to ascertain compliance with such rules. regulations and orders. <br /> <br />(el A labor organization wilfnot exclude any individual olherwise qualified from full membership rights in such laror organizatiol1_ ..r cxpel any such individual <br />.from membership in such labor organization or discriminate against any of its members in Ihe full enjoyment of work. opportunity t-.:cause of race, creed. color, <br />sex. naliomll origin. or ancestry. <br /> <br />(0 A labor organization. or the employees or members thereof will not aid. abel. incite. compel or coerce the doing of anyacl Jdined in this contract to be <br />discriminatory or obstrucl or prevent any person from complying wilh the provisions of this contract or any order issued thereumkr: or :lIIempl. eith.er dire.:tl)'nor indirectly. to commit any aCI defined in Ihis contract to be discriminalory. <br /> <br />'" <br /> <br />Fonn 6-AC-02B <br />Revised 1193 <br />395-53-0 t-I 022 <br /> <br />page ~ of -.!.! pages <br />
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