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corm 4-AC.028 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.Th provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable eller the current fiscal year arc contingent upon funds(or that purpose being appropriated,budgeted and othewis made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction.erection,repair.maintenance,or improvement duty buildint read,bridge,viaduct,tunnel.excavation or other public works for this State.the contractor shall.before entering the performance of any such work included in chi contract,duly execute and deliver to and file with the official whose signature appears below for the State.a good and sufficient bond or other acceptable surety to e appmved 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 qualified corporate surety,conditioned for the due and faithful performance of the contract,and in addition.shall provide that if the contractor or his subcontractor 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 ii performance of the work contracted to be done.the surety will pay the same in an amount nut exceeding the sum specified in the bond,together with interest at th, 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 contrac shall be audited,allowed or paid.A certified or cashiers check or a hank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of bond. This provision is in compliance with 38-26-106 CRS. as amended. INDEMNIFICAtTION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and aii claims. damages,liability and court awards including casts.expenses.and attorney fees incurred as a result of any act or omission by the contractor,or its employees_ agents.subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirma- tive Action, dated April 16, 1975. Pursuant thereto. the ja/lotr•mg pnn•isrnns snail hr et:mantra in oil Slave contracts or sub-contracts. During the performance of this contract, the contractor agrees as Hollows: (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 physical handicap,or age.The contractor will lake affirmative action to insure that applicants sre 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 following:employment. upgrading.demotion,or transfer,recruitment or recruitment advertising:lay-offs or terminations:rates of pay or other forms of compensation;and selection for training,including apprenticeship.The contractor agrees in posi in conspicuous places-available to employees-and applicants for employment,notices to be pro- vided by the contracting officer setting forth provisions of this nun-discrimmatkum clause. (2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration (or employment without regard to race, creed. color, national origin. sex, marital status, religion, ancestry, mental or physical handicap, or age. (31 The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand- ing,notice to be provided by the contracting officer, advising 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 contractor and labor unions will furnish all information and reports required by Executis a Order.Equal Opportunity and Affirmative Action of April 16. 1915.and by the rules,regulations and Orders of the Governor,nr pursuant theretn,and will permit access to his books,records,and accounts 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. (S) A labor organization will nut exclude any individual otherwise qualified from lull membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full chips ment of work opponunity,because of race,creed,color. sex, national origin, or ancestry. (6) A labor organization,or the employees or members thereof will nut aid-abet,incite,compel or coerce the doing of any act defined in this contract to be dis- criminatory or obstruct nr prevent any person from complying a ith the provisions of this contract or any order issued thereunder,or attempt either directly or indirectly, to commit any act defined in this contract to he discriminatory. 395-53.01-1022 Revised 1/88page _4 of_5 pages a•tat}oa.0