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<br />D. Special Provisions (1993 version)
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<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.
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<br />2. Fund availability. Financial obJigations' 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.
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<br />3. Bond requirement. Ifthis contact involves the payment of more than fjftythousand 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.
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<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.
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<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado
<br />Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices
<br />(CRS 24-34-402).and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975. Pursuant
<br />thereto, the following provisions shall be contained in all STATE contracts or sub-contracts.
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<br />During the performance of this contract, the CONTRACTOR agrees as follows:
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<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color,
<br />national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. The 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 payor 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.
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<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.
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<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.
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<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.
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<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.
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<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.
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<br />CITY OF FORT MORGAN, COLORADO, WATER
<br />WORKS AND DISTRIBUTION ENTERPRISE
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<br />LOAN CONTRACT
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