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L , Form lO'AC.utR SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall nOt bt: deemed valid unlll it shall have been approved by the Controller or" the S':J.te of Colorado or such aSSistant as he mav deSignate. This pronsion IS appill,:aole to any contract lnvolnng the pay- ment or money by the State. \ \ ! , FUND AVA.ILABILITY 1. Financial obligations of the State payable aiter tne c:urrent riscal year 3re ,"onllngent upon runos for that purpose bemg appropnated. bUQgeted and otherwise maOe a\"adabie. BOl'o'D REQUlREME~'T 3. if this comraCt involves lhe payment of more than iifty thousand dollars for lhe cOnStrucllon. erec\ion. repair. malI1tenance. or improvement of any building.. road. bridge. viaduct. tunnel. exo:avation or other public works ior thiS State. the comractor shall. before entenng me periormance of any such wor~ Included in this con- lract. duly exeCUte and deliver to and file with the 0I1kial whose signature appears below for the State. a good and SUfficient bond or other acceptable surety to be aoproved by said official in a penal sum not less man one- half of the total amount payable by the terms of thiS contract. Sucn Dond shall be duly executed by a qualified corporate surety, conditioned for the due and faitiU'ul performance of the contract. and in addition. shail provide lhal if the contractor or his subcontraCtors faillo tiuly pay for any labor. materiais. team hire. sustenance. pro- VlSIons. provendor or other supplies used or consumed by such contractor or his subcontractor In pen'ormance of the work contracled to be done. the sur:ty .....ill pay the same in an amount not exceeding. the sum specified in lhe bond. logether with interest at the rate of eight per cent per annum. Unless such bond, when so required. is executed. delivered and Iiled. no claim in favor oi the comractor arising under this comraCt shall be audited. allowed or paid. A cenified or cashier's check or a bank money order payable to the Treasurer of th:: S~ate oi Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as amended, INDEMNIF1CATION 4, To the ex.tem authori2ed by law. the contractor shall indemnify. save and hold hannless the State. ilS employees and agents. against any and all claims. damages. liability and coun awards including cOSts. expenses. and anomey fees Incurred as a result of any act or omission by the conuactor. or its employees. agents. subcon. U'actors. or assignees pursuant to the terms of this conU'act. DISCRllIUNATlON AND AFFIRMATIVE ACTION 5. The contractor agrees. to comply with the letter and spirit of the Colorado Antidiscrimination Act of ~95i. as amended. and other appiicable law respecting discrimination and unfair employment practices (24.34-402. CRS 1982 Replacement VoL). and as required by Executive Order. Equal Opporrunity and Affirmallve Action. dated April 16. 19i5. pursuanr thereeo, rhejollo.....ing provisions snall be contained in all Slare contra"s or sub-contracts. During. the performance of this contract. the Contractor ag:rees as follows: ( I) The conO'aCtor will not discriminate against any employee or applicant for employment because c: race. creed. color. national origin. sex, mantal status. religion. ancestry. memal or phYSical handicap. or age, The contractor will take affirmative action to insure that applicants are employed. and that employees. are lreated during. employmem, without regard to the above mentioned characteristics. Such actIon shaH include. but not be limited to the following: employment. upgrading.. demotion. or transfer. recruitment or recruitment advertising: lay.offs or terminations: rateS of payor other forms of compensation: and selec. lion for traming. including apprenticeship, The contractor agrees to poSt in conspicuous places. available to empioyees and appiicanLS for employment. notices to be provided by the contracting omcer selUng forth provisions of this non.discrimination clause. (2) The contractor will, in aU soliCitations or advertisements for employees placed by or on behalf of the contractor. Slate that all qualified applicants will receIve consideration for employment without regard to race. creed, color. national origin. sex, marital status. religion. ancestry, memal or physical handicap. or age. ()) The contractor will send to each labor union or representative of workers with which he has collective bargaimng agreemem or other contract or understanding. notice LO be provided by the conuacting officer. ad....ising the labor union or workers' representative of the contractor's committmem under the Executive Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. and of the rules. regulations. and relevant Orders of the Govemor. (4) The contractor and labor unions win furnish all information and reports required by Executive Order, Equal Opportunity and Affinnative Action of April 16. 1975. and by the ruies. regulations and Orders of the Governor. or pursuant theretO. and will pennit access to his books. records. and accounts by the con- tracting agency and the office of the Governor or hiS oeslgnee ior pUJ1>Qses of investigation to ascertam compliance with such rules. regulations and orders.. 15) A labor organization will not exclude any individual Otherwise qualified from full membership rights in such labor organizallon. or ex.pel any such individual irom membership in such laoor organization or dis- criminate agamst any of its members in the full enjoyment of work OpportUOlty, because 01 race. creed. color. Sex. national on gin. or ancestry. (61 A labor organization. or the employees or members thereof will not aid. abel. inCite. compel or coerce the domg of any act defmed in this contract to be discrimmatOry or ObStruCl or prevent any person from complymg. with the provisions oi this contract or any order issued thereunoer. or atte.mpt. ellner directly or indirectly, to commit any act defined in thiS contract to be discnmmatory. 395.53-01-10~: 3 4 page ._ of __ pages