Loveland Indoor Retrofit Contract

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Fdnn.."c..ola SPECIAL PROVISIONS CONTROLLER'S "PPROV AL t. This contr.u:t shall not be deemed valid umiI it shall have been :1pproved. by the Controller of the Slate ofColol':ldo (lr such assistolnt as he may deSIgnate. This provision is :1pplioble to any contr.lCt involYing the paymenl of money by the Sute. FUND A V AlLABILrrY 2. Financial obligations of the Swe payable ~er the fiscal yeat ~ contingent upon funds for that purpose being :1ppropri;ued. budgeled and other"Wise macie available. BOND REQUIREMENT 3. If this conuact involved the paymenl of marc than fifty thousand dollars for the constrUction. erection. repair. maintenance. or improvement of any building. road. bridge. viaduct. tunnel. excavation or ocher public works (or this State. the COntraCIOr shall. before entering the pcrfonnance of my such work included in this conU"3c:" duly executc and deliver to and file wilh the official whose signature :1ppe:us below for the Stuc. a good and sufficlenl bond or aliter acceprable surety to be approved by said official in a penal sum nOt less than one.half of the total amount payable by the: lCnns of this conuacL Such bond shall be duly aeCtlle by :1 qualified corpor31e swety. conditioned for me due and failhful pcrfonnance of the contract. and in addilion. shall provide lhat if the conU3CtOr or his subcontractors faiJ to duly pay for any labor. materiaJs. u::un hite. sustenance. provisions. provendor or other supplies used or consumed by such conuactor or his subcontractor in performance of me won. contraCted to be: done. me sW'Cly will pay the same in an amount not exceeding the sum specified in the bond. together with intereSt aI the r3IC of eighr per cern per annum. Unless such bond. when so n:quired.. is executed. delivered lUld filed. no claim in favor of the conuactor arising under this comract shall be audited.. allowed or paid. A cenifiec1 or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance wilh 38-26-lO6 CRS. as amended. INDEMNIFICATION 4. To rhe extent aumorized by law. the cor.tructr.r shall indemnify. ~01\'ce :md hold hannless the Statc. U~ employees and agents. 3g:1insr any and all claims. damages. liabililY:1nd coun awards includingco~ts. cxpenses. and 3uomey fees inctllTCd as a ~ult of any act oromlssion by the contr.1Ctor. or its employees. agents. subconttactors. or assignee... pUI'!;uant to the tc:r.ns of lhi5 contract. DISCRIMINATION AND AmRMATIVE ACTION 5. The contl':lCtor agrees to comply with Ihe leuer:1nd spinl of the: Colorodo Antidiscrimination Act of 1957. as amended. tmd other applicable law respecting discrimination and unfair employment pr:u:ticc!i (24-).J-W2. CRS 198~ ReplO1Cemenl Vol. I. :ll1d a...~ required by Executive Order. Equal Oppoitunity and Affinnative Action. dated April 16. 1975. Pursuant thereto. the following provisions shall be contained in :111 S~te COntracts or 5ub<ontracts. During the ?Crfonnilnce of Ihis contr.1ct. [he contr:lCtor agree.~ 3.0; follows: (I) Thecontr.u:tor will nOI disc:nminate againsr any employee or applic01nt foremploymem bec:l.u."iC of r:J.ce. creed. color. national origin. sex. mariml status. religion. ;mcestry. mental or physic:11 handic:1p. or age. The: contractor will uke affinnativc action to insure th:u :1pplic...:uns:1tC employed.:lnd th:1t employees are treated during empJoymem. without regard fO the :1bovC' rru:ntioned cnaracIerisrics. Such action shaH include. bUI not be limiled 10 the t"olJowing: employment. upgrading. demolion. or tr.lJbfer. recruilment or recrunment advenising: l:1y-offs or terminations: roues or pa.y or other forms of compens~nion: :lnd selection for uaining. including apprenticeship. the Contr.lCtor agrees to poSI in conspicuol.l." places. available to employees and applicants for employment. 2) The conuaCtor will. in all solic:iurions or aQvertisements for employees placed by or on behalf of the contr::1Ctor. srate lhaz :111 qualified applic:uus will m:eivc consider.U1on for employment widlour ~gard ro race. creed. color. national origin. sex. mmtill Status. religion. :1l1ccsuy. mental or pbysicaJ handicap. or age. (3) The contractor will send to e:lCh labor union or tepresentlUve of workers with which he has collective b:ugaining agrecmenrs or other conttaCt or understanding. nouce to be provided by the contr:lCtlng officer. advenising the l:1bor URlon or workers' represcmauvc of the concr.u:tor's commirmem under the E.xecutive Orticr. El.Iuai OpponunllY 0U1d Affirmative Action. dated April 16. J915.:lOd of me ndcs. regul:1tions. JJ1d relevant Orders oftheOovemor. (4) The contrxtor and l:1bor unions will furnish:111 infomuuion and repons required by Executive Order. Equal Opponunity and Affirmalive Action of April 16. 1975. ;me by the rules. reguJ:1uons tmd Order.; at the Governor. or pUI'3WUU thereto. :1nd will pennll :1ccess to his books. records.:1J1d accounts by the conU'OlCting :1gency :lOd the office 0; the Governor or his designee for purposes of investigation 10 :1SCelUin compliance with such rules. rcgu1a1ions and orders. (5) A labor organizalion will nOI exclude any individWlI otherwise qU:1lified from full membership rights in such labor organi:z:uions. or expel any such individual from membenhlp in such l:1borurganiz:uion or disc:nmIR3lC :l.gains( 3ny ot its membc~ in the full enjoymem of work opponunity. because ofhandiop. race. crc:d. color. sex. :Jge. nalion:ll origin. or :JJlcestry. ( :4-J4-W:! (I) (Cll It'l) A labor Qr~:miL:l.(ion. or the employees or me:mbcrs [hcreof will nOI aid. abet. int;ile. compel or coerce the doing of any Xt defined in this contr.1Ct [0 be dlSCrtmlRatory ur obslr'uct any person from complying with the provisions of thiS COntr:J.CI or:my order Issued thereunder. or :1uempt either directly or indirectly. to commit any aCI de lined IR this contract to be discnmlRalory. ( :.j..J4~01: (I) Ie:ll Page 5 of 6 pages Revised 51':1 I J9S.SJ-OI.IOZ: