Tamarack Contract and Supporting Docs

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SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1 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 AVAILABILITY 2 Financial obligations of the State of Colorado payable after the current fiscal 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 construction erection repair maintenance or improvement of any building road bridge viaduct tunnel excavation or other public work for this State the Contractor shall before entering upon the performance of any such work included to this 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 said official in a penal sum not less than one -half of the total amount payable by the terrns 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 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 or fails to pay any person who supplies rental machinery tools or equipment 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 filed no claim in favor of the Contractor arising under such contract shall be audited allnwed nr paid A certfflM or cashier s check or a hank 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 CRS 38 26 106 INDEMNIFICATION 4 To the extent authorized by law the Contractor shall indemnify save and hold harmless the State is employees and agents against any and all claims damages liability and court awards including toss expenses and attorney fees mcurred as a result of any act or omission by the Contractor or its employees agents subcontractors or assignees pursuant to the terms of this contract DISCRIMINATION AND AFFIRMATIVE 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 (CRS 24 34 -402) 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 State contracts or subcontracts During the performance of this contract the Contractor agrees as follows (a) 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 Contractor will tale 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 lunited to the following employment upgrading demotion or transfer recruitment or recruitment advertising lay -offs or terminations rates of pay or other forms of compensation and selection for training ulcludmg apprenticeship The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the contracting officer setting forth provisions of this non- discrurunation clause (b) The Contractor will in all °t iici ant ^.^s or advertisements for employees placed by or : behalf of she Contractor State that all —I.Aed 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 (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 Contractors commitment under the Executive Order Equal Opportunity and Affirmative Action dated April 16 1975 and rules regulations and relevant Orders of the Governor (d) The Contractor and labor unions will furnish all information and reports 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 contracting agency and the office of the Governor or his designee for purposes of investigation 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 organization or expel any such individual from membership in such labor organization or discruninate against any of is members in the full enjoyment work opportunity because of race creed color sex national origin or ancestry (f) 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 or obstruct or prevent any person from complying with the provision 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 (g) In the event of the Contractor s non compliance with the non discrimination clauses of this contract 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 a...6e_ State contracts cis accord . 1 ..... .._......d.._•.. _...6.. _.__d ugw w,wc, o,mc wuuaw w a�w,uauw w u, N,va.cuww auu,un�cu u, cnccuuvc v,uc, cyua, vppG,wmiv erns nupmaiive 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 in accordance therewith or as otherwise provided by law (h) The Contractor will include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purchase order unless exempted by rules regulations or orders issued pursuant to Executive Order Equal Opportunity and Affirmative Action of April 16 1975 so that such provisions will be binding upon each subcontractor or vendor The Contractor will take such action with respect to any sub- contracting or purchase order as the contracting agency may direct as a means of enforcing such pro% isions including sanctions for non compliance provided however that in the event the Contractor becomes involved in or is threatened with lineation with the Rei ision 1 1 1 -99 Page J of (- pages