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SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This conlract shall nOI be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assiSlanl as he may designate. This provision is applicable to any conlraCt involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the Stale of Colorado payable after the current fiseal year are contingent upon lunds (or thai purpose being appropriated. budgeted. and otherwise made: available. BOND REQUIREMENT 3. If this conlraCI involves the: payment of more than fifty thousand doUan for the construction, erection. repair. maintenance. or improvement of any building, road, bridge. viaduct. tunnel. Cltcavation or other public work fOf this State. Ute contractor shall. bc(ort~ entering upon the performance of any such work: included in Ibis contract. duly execute and deliver to tbe Slate official wbo will sign (be contraec. a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum notle$$ than one-half of che total amount payable by the tenns of this conuact. Such bond sball be duly executed by a qualified corporate surety conditioned upon tbe faichful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail 10 duly pay for any labor, materials, team hire. sustenance. provisions. provendor or otber sllpplies used or consumed by sllch contractor or bis subcontnctor in pedormanee of the work:. contracted 10 be done or fails co pay any person who supplies rental machillcry. lools. or equipment in the prosecution of tbe work the surely will pay the orne in an amount not exceedine the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed. delivered and filed, no claim in favor of the contractor acisine under sucb contract shall be audited. allowed or ,..,id. A certified or cashier's check or a bank money order paYiIlble to tbe Treasurer of the Stale of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INOEMNIFICA TlON 4. To the extenl authorized by law. the 'contractor shall indemnify. save, and hold harmless the State. its employees and agents, against any and all claims, , damages. liabilicy and court awards including costs, expenses. and attorney fees incurred as a result of any act or omission by the contractor. or its employees. agents. subcontractors. or assignees pursuant 10 the lerms of chis contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The conlfactor agrees 10 comply witb the leuer and spirit o( the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402). and as required by Executive Order. Equal Opportunity and Affinmllive Action. dated April 16. 1975. Pursuant thu~to. tM lof/owing provisiolU sluJll b~ contain~d in all Stat~ contracts or sub-contracts. During Ihe performance of this conuact. the contraclor agrees as follows: (a) The contractor will not discriminate againsl 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 contnlClor will take affirmative action to insure that applicants are employed. and that employees are treated during employment, without regard to the above metllioncd characteristics. Such action shall include. but nOI be limited to the following: employment upgrading. demotion. or traru;fer. recruitment or recruiunent advettisings; lay~ffs or terminations: rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places. available Co employees and applicants for employment. notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor. state thai all qualified applicants will receive consideration foremployn.ent without regard to ~ce. creed. color. national origin. .sex. marital status. religion. ancestry. menial or physical handicap. or age. (c) The contractor will send to each labor union or representative of worlcers with which he_has a collective bargaining agre~ment or olher contract or understanding. notice 10 be provided by the contracting officer. advising the labor union or workers' representative of the contractor's commitment under the E1(ecutiv~ Order, Equal Opportunity and Affirmative Action. dated April 16. 1975. and of the rules. regulations_ anq relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and repons required by Executive Order. Equal Opponunity and Affirmative Action of April 16, 197:5. and by the rules. regulations and Orders of thc Governor. or pursuanl thereto. and will permit access to his books. rr-cords. and accounts by the comfacting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance .....ith such rules. regulations and orders, (e) A labor organiulion .....ill not exclude any individual otherwise qualified from full membership rights in such labor organizatio(l, (If Clo::pcl any ~uch individual from membership in such labor organization or discriminatc against any of its members in the full enjoym~r:t of work opponunilY occause of race. creed. color. sex. national origin. or ancestry <0 A labor organization. or the employees or members thereof will not aid. abet. incite, compel or coerce the doing of any aCt J('fined in this contract to be discriminalory or obstruct or prevent any person from complying with the provisions of this contract or any order issued lhereunt!...r: or :tucmpl. either dire,:tly or indirectly. to commit any act defined in this contract to be discriminatOry, Form 6-AC-02B Revi~cd 1193 J9S-SJ-OI_I021 rage: -.lQ... o! 11 rat,!.e~