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SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This COfItraCt shall not be deemed valid unlil it shall have !?eca approved by the Controller of the Slale of Colorado or such assistant as he may designate. This provision is applicable: [0 Any contrlct involving the paymcnI of money by the Slate. FUND A V AILABILlTY 2. Finanei.al obligations of the State of Colorado payable after the currenl fiscal year are conlingen! upon funds (or that purpose being appropriated. budgeted. and oth.erwise made available. BOND REQUIREMENT J. If tnis contract involves the payment of more Ihan fifty thousand dolla{S for the construction. erection. repair. mainlenance. or improvement of Iny building. road. bridge. viuluet. nmne!. excavation Of Other public work for chis Stale. the contr.clor shall. before entering upon the performance of any such work included in this contract. duly execule and deliver 10 the Stale official who will sign the contract. a good and sufficient bond or other acceptable surely 10 be approved by said official in a penal sum nOI less (han one.half of the total amount payable by the lenns of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upOn the 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. sustenancc. provisions. pro vendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machin&ry. tools. or equipment in the prosecution of the work tlte surety will pay tlte same in an amount not exceeding the sum specified in Ihe bond. together with interdl at the rate of eight per cent per annum. Unless such bond is executed. delivered and filed. no claim in favor of the contractor arising under such contr1ct shan be audited. allowed or paid. A cenified or cuhier'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 CRS 38-26-106. INDEMNIFICA TION 4. To the extent ,authoriZed by law. the contractor shall indemnify. save, and hold harmless the State. its employees and agents. against any and all claims. da.mages. liability and coun awards including eosu. cxpenses. and attorney' (eCS incurred as a resull of any act or omission by the contractor. or its employees. agents. subcontractors. or assignees pursuant 10 the lenns of Ihis contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contraclor agreeS 10 comply with the letter and spirit o( the CoJonldo Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment practices (CRS 24.34..402). and as recluired by Executive Order. Equal Opponunity and Affirmative Action. daled April 16. 1975. Pursuant thU~lo. Ih~ following provisions shall b~ cOfl.lairud in all SIQI~ contraCts or sub-contracts. During the perfonnance of this Contract. the contractor agrees as (ollo"'S: (a) The contractor will not discriminate against any employee or I-pplicant for employment because of race. creed. color. national origin. sex. marital status. religion. anccslJ')'. mental or physical handicap. or age. Th~ conU'actor will take affirmative action to insu!1: thaI applicants are employed. and thai employees are treated during employment. without n:gard to the above mc:mioned characteristics. Such action shall include. but nOl be limited to the following: employment upgr.u:ling. demotion. or tranSfer. recruitment or recruitment advenisings; lay-offs or tenninations: rates of payor other fonns of compensation: and selection for training. including apprenticcsllip. The contractor agrees co poSt in conspicuous places. available 10 employees and applicams for employment notices to be provided by lhe contracting officer seuing fonh provisions df this non-discrimination clause. (h) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the comractor. Slate thaI al! qualified applicants will receive consideration for employn.c:nt without regard to race. creed. color. national origin. sex. marital status. religion. anCestry. m~n1al or physical handicap. or age. (cl The contractor will send to each labor union or representative of \Workers with which he has a collective bargaining agreement or other COOlraCt or understanding. notice to be provided 'by the contracting officer. advising (he labor union or workers' representative of the cOnlracwr's commitment under the Executiv~ Order. Equal Opponunity and Affirmalive Action. dated 'April 16. 1975. and of lhe rules. regulations. and rclevan! Order~ of the Governor. (dl The contractor and labor unions will furnish all information and reportS required by Executive Order. Equal Opponunity and Affirmative Action of April 16. 1975. and by the rules. regulations and Orders of lhe Governor. or pursuam thereto. and will permil access 10 his books. ff'cords. and accounts by the cOnlr.lcting. agency and lht office of the Governor or his designee for purpOses of investigatior: 10 ascertain compliance .....ith such ruks. regulations and orders. (ej A labor organiulion .....dl not exclude any individual otherwise qualifieO from full membership rights in such laMr organizaliol'. ,'r c:>.pel any ~uch individual from membership in such labor organiulion or discriminate: against any of its members in the full enjoymer.l of wor\;. opportunity t,<:C1Use of race. creed. COIOf. ~ex. 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 anr an defined in this C(lRlract to be discrimlRatory or obStrucl or prevent any person from complying with thc provisions of this contract or any order issued thereun;;.:!. or :lllempL either dire.:tly or indirectly. to commil any aCt defmed 1" this contract 10 be discriminatOry. I:onn 6-AC-028 Rcv,"cd 1193 jl~S.53-nl.tfl22 pJ.ge 12 or 13 pat:e~