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Ft>nn 6.AC-028 SPECIAL PuO\'1SIONS 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. This provision is applicable to any contract involving the pay. ment of money by the State. FUND AVAILABILITY 2. Financial obligations of the Slate payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQIDREMENT \ I I 3. If this contract involves the payment of more than finy thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of an)' such work included in this con- tract, 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 be approved by said official ir1 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 a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro- visions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance of the work contracted to be done, ttle surety will pay the same in an amount not e"ceeding the sum specified in the bond, together with interest at Ute 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 Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in complilmce with 38-26-106 CRS, as amended. INDEMNIFICATION 4. To the extent authorized l'Y law, the contractor shall indemnify, save jlnd hold hannless the State, its employees and agents, against an)' and all claims, damages, liability 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, subcon- tractors, or assignees pursuant tD the terms of this contract. DISCRIMINATION AND AWIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit orthe 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 Affinnative Action, dated April 16. 1975. Pursuant thereto, thefollowillg provisions shall be con/alned in all State contracts or sub-contracts. 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 physical handicap, or age. The contractor will take affinnative action to insure that applicants are employed, and that employees are treated during employment. without regard to the above mentioned cltaracteristics, Such action shall include. but not be limited t(:l the following: employment. upgrading, demotion, or transfer, recruitment or recruitment advertising; lay/oll's or tenninations; rates of payor other formS of compensation; and selec~ tion f\1r training. including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will. in "II solicitations or advertisements for employees placed by or on behalf orlhe, contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed. color, natiOl1al origin, sex, marital status. religion, llDcestry, mental or physical handiedp, or age. .' (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's cOlllmittment under the Executive Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The conlractor and labor unions will furnish all information and reportS required by Executive Order, Equal Opportunity and Aftinnative Action of April 16, 1975, and by the (\lIes, regulations and Orders of the Governor. or pursuant thereto. and will permit access to his books. records, and accounts by the con- tracting agency and the oflice 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 otherwise qualified from full membership rights in such labor organization. or expel any such individual from membership in such labor organization or dis. criminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color. sex. national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisionS of this contract or any order issued thereunder, or attempt, either directly or indirectly. to conunit any act defined in this contract to be discriminatory. 395.53.01-1022 Reviserl Il-R'! page _~_ of ,__~_ pages