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e(- (' .,. , Form S.AC-028 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall nOI be deemed valid until it shall have been approved by the ControUerofthe Sts".e of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the Slate payable after the current fiscal year are contingent upon funds for thai purpose being appropriated. budgeted and otherwise made availabte. BOND REQUIREMENT 3. lfthis contract involves the payment of more than fifty thousand dollars for the construction. erection. repair. maintenance. or improvement of any building. road. bridge. viaduct. tunnel. excavation or other public works far this State. the conlfactor shall. before :Dlering the perfonnance of any such work included in this contract. duly execute and deliver to and file,"" ith the otTIclal whose signature appears below for the State a good and sufficient bond or other acceptable surety to be approved by said otlicial in a penal sum not less than one-half of the total amount payable by the tem-s of this contract. Such bond shall be duly executed by a qualified corporate surety. conditioned for ..he due and faithful performance of the contract. and in additiun. shall provide that if the contractor or his subcontractors fail to duly pay for any iabor. materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the nue of eight per cent per annum. tj nless such bond. when so required. is executed. delivered and filed. no claim in favor ofthe contractor arising under this contract shall be audited. allowed or p~,id. A c~rtified 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 with 38-26.106 CRS. as amended. INDE~INIFICATION 4. To the extent authOrized by law. the conuactor shall indemnify. save and hold harmless the State. its employees and agents. against any and all claims. damages. liability and court awards :ncluding COitS. .;:xpenses. 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 AFYIR~L-\TIVE ACTION s. The contractor agrees to comply ~ith the letter and spirit oflhe Colorado Antidiscrimination Act of 1957, as amended. and other applicable law respecting discrimmation and unfairemploymem practii.:cs 12+34~.l02. CRS 1982 Replacement VoL). and as required by Ex.ecutive Order. Equal Opportunity and Affirma- tive Action. dated April 16. 1975. Pursuantlhereto. arc fulloh";ng prol'isions shall be contained in all Stale contracts or su~C'onl,.acts. 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 atlinnativc action to insure that applicants are employed. and that employees are trcated during employment. without reg.ard to the J.bo\"c mentioned characteristics. Such action shall include. but not be limited to the foUowing; employment. upgrading, demotion. or transier. recruitment or recruitment advertising; (ay-otTs or terminations; rates of pay or other fonns of compensation; and selection for training. including apprent:ceship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. notices to be pro- vided by the contracting offi,cr setting torth proviSIons of tbis non-discrimination clause. (2) The conlr:1ctor will. in aU solicitations or advertisements for employees placed by or on behalf of the contractor. state that all qualified applicants will receive consideration tor emplo)'mcnt without regard to race. creed. color, national origin. sex. marital status. relision. ancestry. mental or phYSical handicap, 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 understand. ing. notice to be proVIded by the contracting officer. advising the labor union or workers' representative oftbe contractor's commitment under the Executi\'e Order. Equal Opportunitj' and Atlirmauve Acnon. dated April 16. 1915. 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 Executive Order. Equal Opportunity and Affinnative Action of April 16. 197 S. and by the rules. regulations and Orders or the Governor. or pursuant thereto. and will pennit access to his books. records. and accounts by the contracting agency and the oUiee of the Governor or his designee tor purposes of investigation to ascertain compliance with such rules. regulations and orders. (S) A labororganiz3tion 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 discriminate against any of its members in the full enjoyment ofworkopponunity. 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 dis. criminatory 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 commit any act defined in this contract to be discriminatory. 395.53-01.1022 Revised 1/88 4 . 5 page ___ 01 _ pages IklO-~.")",1 ~.