Carbondale Plumbing Retrofit Contract

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Form flo"C.QZB SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the St:1te of Colorado or such assiSlanl as he may designale. This provision is applicable to any contract involving the payment of money by the State. FUND A V AILABILITY 2. Financial obligations of the Slate payable after the fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. BOND REQUIREMENT 3. If this contraCt involved the payment of more than fifty thousand dollars for the construction. erection. repair. maintenance. or improvement of any building. road. bridge. viaduct. cunnel. excavation or other public works for chis State. the contractor shall. before entering the performance of any such work included in this contract. duly execute and deliver [0 and file with the official whose signature appears below for the State. 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 terms of this comract. Such bond shaH be duly execute by a qualified corporate surety. conditioned for the due :md faithful perfonnance of the contract. :md 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 conttacted to be done. the su~ty 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. when so required.. is executed. delivered and filed.. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A certified or cashier's check or a bank money order payable to the Tre:lsurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38..26-106 CRS. as amended. INDEMNIF1CA nON 4. To the extent authorized by law. the conuactorshall indemnify. save 3nd hold h:umless the State. its employees and agents. against any and all claims. damages. liability :1Rdcoun aW:1J'ds including costs. expenses.:md attorney fees incun'ed as a result of any act or omission by the conuactor. orits employees. agents. subcontractors. or assignees pursuant to the tenns of this contr.l.ct. . DISCRIMINA nON AND AFFIRMATIVE ACTION S. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as 3Jllended. and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1988 Replacement Vol.). :md as required by Executive Order. Equal Opponunity and Affinnative Action. wed April 16. I975. Pursuant merem. me following provisions shall be coawned in all Scale contraCts or sub-conaacts. During the performance.of this contract. the contractor agrees as follows: (I) 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 physic:11 handicap. or age. The contractor will take 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 limited to the foHowing: employment. upgrading. demotion. or transfer. recruitment or recruitment advertising: lay..offs or terminations: rates of payor other fonas of compensation: and selection for training. including apprenticeship. the contractor agrees to poSt in conspicuous places. available to employees and applicants for employment 2) The contractor will. in all solicilations or advertisements for employees placed by or on behalf of the conttactor. state that all qualified applicants will receive consideration for employment without regard to race. creed. color. national origin. sex. marital status, religion. ancestry. mental orphysicaJ handicap. or age. (3) The contractor will send to each labor union or representative of workers with which he has coUective bargaining agreements or other contraCt or understanding, notice to be provided by the contn:l.cting officer. advertising 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 of the rules. regulations. and relevant Orders of the Governor. (4) The comractor and labor unions will furnish all information and repons required by Executive Order. Equal Opponunity and Affumative Action of April 16, 1975. .and by the rules. regulalions :1Jld Orders of the Governor. or pursuanr thereto. .and will pennil access to his books. records. .1nd accounLS 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. (5) A labor organization will not exclude any individual olherwise qualified from full membership rights in such labor organizations. or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opponunity. because of handicap. race. creed, color. sex. age. naliona1 origin. or ancestry. (24-34--W2 (I) (c)) (6) A labor organization. or the employees or members thereof will not aid. abet. incite. compel or coerce the doing of any act defmed in this contraCt to be discriminatory or obstruct any person from complying with the provisions of this contraCt or any order issued thereunder. or attempt either directly or indirectly, :0 commit any act defined in this contract to be discriminatory. (~-l-3~2 (I) (e)) Revised 5191 395-53-01-l022 Page~ of 6