Nucla Gravity Flow System Contract

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. . SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall nOI be deemed valid until it shall have been approved by the Controller of the Slale of Colorado or such assistant as he may designate. This provisi,?R is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the Stale of Colorado payable aflef the current fiscal year are contirIgent upon Cunds for that purpose being appropriated, budgeted, and otherwise ma~ available, BOND REQUIREMENT 3. If thi.s contract involves the payment oC mo"" tban fifty thousand doUars for the construction. erection. ~P"i.{. mai.ntenance, or i.mprovCfMnl of any bui.ldi.ng, road. bridge. viaduct. tunnel. excavation or other public work: for this Stale. 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 acceptabl(' 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 su<<t)' conditioned upon the faithful performance of ,he contract and in &<idition, shat! provide tha.t if the contractor or his subcontractors fail (0 duty pay for any labor, materials, learn hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work conlracted to be done or fails to pay any person who supplies rental machinery. 1001s. or equipmenl in the prosecution of Ihe work: the surety will pay the same in an amounl not exceeding the sum specified in Ihe bond. together with interest at the rate of ei.ght per cent per annum. Unless such bond is executed, delivered and filed. no claim in (avor o( the contn.ctor ..risi.ng under such COR.tract shall be audited. allowed or pai.d. A ceni.fied or cashi.er's check or a bank money order payable to the Treasurer of the Stale of Color. do may be accepted in lieu ora bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To .he extent authorized by law, the contractor shall indemnify, save. and hold harmless the State. its employees and agenu, 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 th(' conlractor. or its employees, agents. subcontractors. or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION s. The contraclor agrees 10 comply with the letter and spirit o( the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and wf..ir employment praclices (CRS 24,.34-402), and as required by E,;,cculi.ve Order, Equal Opportuni\y and Affirmative Action. dated April 16. 1975. Pursuant thu~to, the following provisions sholl be contained in till Stole contraCts or sub-contracts. 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. marits.l status. religion. ancestry. memal or physical handicap. or age. The contractor will take affinnative action 10 insure that applicants are employed. and Ihat 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. qr tranSfer, teeruitment or recruitment advertisings: \ay~ffs Of term.inatioos; rateS o( payor other fonus of compensati.on; and selection (or training, including 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-discrimination clause. (h) The contractor witl. in aU solicitations or advertisements for employees placed by or on behalf of the contractor. Slate thM all qualified applicants will receive consideration for employn.ent without regard to I1!ce. 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 colleclive bargai.ning agreement or other cot\'uacl or understanding, notice to be provided by the contracting officer. advising the labor union or workers' representative of Ih(' contraClOr'S commitmenl under the Executive Order, Equal Opportunity and Affirmative Action, daled April 16, 1975, and of the rules. regulations. and rdevant Orr1~rs of the Governor. (d\ The Contractor and labor unions. wilt furni.sh all i.nformation and reports required by Executive Order. Equal OpponunilY and Affirmaliv(' A.cti~n of AptiL 16, 1975. and by the rules. regulations and Orders of the Governor, or pursuanl thereto. and will permit access to his booles. fl"COrdS, and accounts by the_ contracting agency and th(' offic(' of the Gov('mor or his designee for purpos('s of investigation to asceflain compliance with such rules, regula.tions and orders. (e) A labor organiz.alion .....ill not exclude any individual otherwise qualified from full membership rights in such labor organiutlQn. or c~pel any ~uch individual from membership in such labor organization or discriminate againsl any of its members in th(' full enjoyment of work oppoflunilY b.:cause of race, creed. color. sex. national origin. or anceslry. (f) A labor organization. or (h(' employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act Jl'fined in this COntract to be discriminalory or obstruct or pr('vent any pc:rson from complying wilh the provisions of this contract or any order issued thereunJu: or :llIempt. either directly or indirectly, to commit any aCI defined in this contract to be discriminatory Form 6.AC-02B Revis.:d 1193 39$-53-01_1022 page2- of 6 ra~es