Tamarack Contract and Supporting Docs

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SPECIAL PROVISIONS CONTROLLER'S APPROVAL I This contract shall not be deemed valid until at 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 AVAILABILITY 2 Financial obligations of the State of Colorado payable after the current fugal year are contingent upon funds for that purpose being appropriated budgeted and otherwise made available BOND REQUIREMENT 3 If this contract involves the payment of more than fifty thousand dollars for the concoction. erection repair maintenance or tmproven cm of any budding road bndge viaduct tunnel excavation or other public work for this State the Contractor shall before entering upon the performance of any such work included in this contract duly execute and deliver to the State official who will sign the contract. a good and sufficient bond or other alcuptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition shall provide that if the Contractor or his subContractors fvl to duly pay for any labor materials team hire sustenance provisions provexndor or other supplies used or consumed by such Contractor or his subContractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery tools or equipmeru in the prosecution of the work 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 is executed delivered and ('tied no claim in favor of the Contractor artstng under such contract shall be audited allowed or paid A ceruftod `hies check ^ bank m a.der abler the Tr of the S,--,- of Colorado m M al rn lie of bond Tti 1- ....,..a .... a ,,. - o �. ��.....�� ... ..r p w .. •,........,.., .. .. .,.... ..�y .. accep ... l. .� _ .. e ✓ --. pro. ✓.,... ✓ ... w.T with CRS 38 26106 INDEMNIFICATION 4 To the extent authorised by law the Contractor shall indemnify save and hold harmless the State us employees and agents against any and all claims damages liability and court 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 assignees pursuant to the terns of this contract DISCRIMINATION AND AFFIRMATIVE ACTION 5 The Contractor agrees to comply with the letter and spurt of the Colorado Antidiscrimination Act of 1957 as amended and other applicable law respecting discrimination and unfair employment practices (CRS 2434402) and as required by Executive Order Equal Opportunity and Affirmative Action dated Apnl 16 1975 Pursuant thereto the joUowing provisions shaU be contained in aU State contracts or sub-oontracrs During the performance of this contract the Contractor agrees as follows (a) The Contractor well not discriminate against any employee or applicant for employment because of race creed color national origin sex marital status religion ancestry menial or physical handicap or age The Contractor will take affirmative action to insure that applicants are employed, and that employers are treated during employment without regard to the above mentioned characteristics Such action shall include but not be limited to the following employment upgrading demouon or transfer recruitment or recruitment adver sings lay -offs or terinumoro rates of pay or other form of compensauon apd selection for training including apprenticeship The Contractor ,agrees to post in conspicuous plates available to employees and applicants for employment notices to be provided by the contracung officer setting forth provisions of this non-dsrnmination clause (b) 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 employment without regard to race creed color national ongin, sex marital status religion ancestry mental or physical handicap or age (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding notice to be provided by the contracting officer advising the labor union or workers representative of the Contractor s commitment under the Executive Order Equal Opportunity and Affirmative Action dated April 16 1975 and rules regubuwns and relevant Orders of the Governor (d) The Conuatxor and labor unions will furnish all information and reports required by Execuuve 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 perms axes to his books records and accounts by the contracting agency and the office of the Governor or his designee for purposes of mvesugatwn to ascertain compliance with such rules regulations and orders (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organaauon or expel any such individual from membership in such labor organization or daaunmate against any of as members m the full enjoyment wort opportunity because of race creed color sex national ongm or ancestry (f) A labor organization or the employees or members thereof will not aid abet, tttette compel or Bocce the domg of any acct defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provision of this contract or any order issued thereunder or a nerript. either dtrectly or indirectly to commit any act defned in this contract to be discriminatory n th cv • - tsi r . c - c.cu of the Contractor s alert ro rTipiiaruz with !he mnrrdisrsiiniruiiori clauses of this rpnuaa or with any of such rules regulations or orders this contract may be canceled terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts in accordance with procedures authorized in Executive Order Equal Opportunity and Affirmative Action of April 16 1975 and the rules regulations or orders promulgated in accordance therewith and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Orders Equal Opportunity and Affirmative Action of April 16 1975 or by rules regulations or orders promulgated to accordance therewith or as otherwise provided by law Form 6 -AC-02B Revised 1/93 page = of ( pages