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<br /> D. Special Provisions (1993 version)
<br /> 1. Controller's approval. This contract shall not be deemed valid until it shall have been approved by the Controller of the
<br /> State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
<br /> money by the STATE.
<br /> 2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
<br /> funds for that purpose being appropriated, budgeted, and otherwise made available.
<br /> 3. Bond requirement. If this contact involves the payment of more than fifty thousand dollars for the construction, erection,
<br /> repair,maintenance,or improvement of any building, road, bridge, viaduct,tunnel, excavation or other public work for this STATE,
<br /> the CONTRACTOR shall, before entering upon the performance of any such work included in this contract,duly execute and deliver
<br /> to the STATE official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said
<br /> 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
<br /> executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide
<br /> that if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials,team hire,sustenance,provisions, provendor
<br /> or other supplies used or consumed by such CONTRACTOR or his subcontractor in performance of the work contracted to be done
<br /> or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay
<br /> the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per
<br /> annum. Unless such bond is executed,delivered and filed,no claim in favor of the CONTRACTOR arising under such contract shall
<br /> be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br /> Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
<br /> 4. Indemnification. To the extent authorized by law,the CONTRACTOR shall indemnify, save, and hold harmless the STATE,
<br /> its employees and agents,against any and all claims,damages, liability and court awards including costs,expenses, and attorney
<br /> fees incurred as a result of any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees
<br /> pursuant to the terms of this contract.
<br /> 5. Discrimination and affirmative action. The CONTRACTOR agrees to co , 4 t and spirit of the Colorado
<br /> Antidiscrimination Act of 1957,as amended,and other applicable law respectin. ' . `It ' fair employment practices
<br /> (CRS 24-34-402),and as required by Executive Order, Equal Opportunity •• Affirmative ,• •, -�:• April 16, 1975. Pursuant
<br /> thereto, the following provisions shall be contained in all STATE contralts;°`,: •- • tracts.
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<br /> During the performance of this contract, the CONTRACTOR agrees as •II s: . r
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<br /> a. The CONTRACTOR will not discriminate against any employee or applicant for emp • ,' ',,; ,u•• of race, creed, color,
<br /> national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. CONTRACTOR will take
<br /> affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard
<br /> to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment
<br /> upgrading, demotion, or transfer,recruitment or recruitment advertisings; lay-offs or terminations;rates of pay or other forms
<br /> of compensation;and selection for training,including apprenticeship. The CONTRACTOR agrees to post in conspicuous places,
<br /> available to employees and applicants for employment, notices to be provided by the contracting officer setting forth
<br /> provisions of this non-discrimination clause.
<br /> b. The CONTRACTOR will,in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR,state
<br /> that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin,
<br /> sex, martial status, religion, ancestry, mental or physical handicap, or age.
<br /> c. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining
<br /> agreement or other contract or understanding, notice to be provided by the contracting officer,advising the labor union or
<br /> workers' representative of the CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and Affirmative
<br /> Action, dated April 16, 1975,and of the rules, regulations, and relevant Orders of the Governor.
<br /> d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity
<br /> and Affirmative Action of April 16, 1975,and by the rules, regulations and Orders of the Governor, or pursuant thereto,and
<br /> will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his
<br /> designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
<br /> e. A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor
<br /> organization, or expel any such individual from membership in such labor organization or discriminate against any of its
<br /> members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry.
<br /> f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any
<br /> act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of
<br /> this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this
<br /> contact to be discriminatory.
<br /> CITY OF FORT MORGAN, COLORADO, WATER
<br /> WORKS AND DISTRIBUTION ENTERPRISE Page 8 of 10 LOAN CONTRACT
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