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Fol"III ti.A.C.(J28 ( '\ .IAL PROnSIONi'I...1 CONTROlLER'S APPROVAL ?f..~: j ...... . ....., l. This contract shall nOt be deemed valid until it shall have been approved b)' the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pa)'. mem of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose beinf appropnaled. budgeted and otherwise made nailable. BOND REQUIREMENT 3. If this 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. exca\'ation or other public works for this Stale. the contractor shall. before entering the perfonnance of any such work included in this con- tract duly execute and deliver to and file with the official whose signature appears below for the Stale. a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one- half of the total amount payable by the tenns of this contract Such bond shall be duly executed by a qualified corporate surety. conditioned for the due and faithful perfonnance of the contraCt. and in addition. shall provide that if the contraCtor or his subcomractors fai/to duly pay for any labor. materials. team hire. sustenance. pr~ visions, provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance of the work contracted to be done. the suret)' will pay the same in an amount not exceedin~ the sum specified in the bond, to!!ether with interest at the 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 arisin~ under this contraCt shall be audited. allowed or paid. A cenified or caShier's check or a bank money order payable to the Treasurer of the Slate of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38~26.J06 CRS. as amended. INDEMNIFICATION 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. damages, liability and coun awards including COSts. expenses, and anorney fees incurred as a result of any act or omission by the contractor, or its employees. agents. subcon- tractors. or assignees pursuant to the tenns of this contract. DISCRIMINATION AND AFFlRMATlVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vo1.). and as required by Executive Order. Equal Opponunit)' and Affirmative Action. dated April ]6. 1975. Pursuanltherelo. the/allowing provisions shall be contained in all S,ate contracts or su~COntracls. During the perfonnance of this ContTaCL the COntractor agrees as follows: (1) The contractor will not discriminate a~ainst 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 characteristics. Such action shall include. but not be limited to the followin~ employment. apgrading.. demotion. or transfer. recruitment or recruitment ad\'enising: lay-offs or tenninations: ralts of payor other forms of compensation: and selec- tion for 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 all soiicitations or advenisements for employees placed by or on behalf of the contractor. state that all qualified applicants will receive consideration for employment withoul regard to race. creed. color. national origin. sex. marital status. religion. ancestl)'. 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 understandin&. notice to be provided by the contracting omcer. advisin~ the labor union or workers' representative of tile contractor's committment under the Executive Order. Equal Opponunit)' and Affinnative Action. dated April 16. 1975. and of the rules. reguiations. and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all infonnation and reportS required by Executive Order, Equal Opponunit)' and Affirmative Action of April l6. 1975. and by the rules. regulations and Orders of the Governor. or pursuant thereto. and will pennit access to his books. records. and accounts by the con- tracting agenc)' and the office of the Governor or his designee for purposes of investigation to ascenain compliance with such rules. regulations and orders. (5) A labor organization will nOI exclude any individual otherwise qualified fr"m full membership rightS in such labor organization. or expel any such individual from membership in such labor organization or dis- criminate agaillst any of its members in the full enjoyment of work opponunity. 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 Ule doing of any aCI defined in this contract to be discriminato!')' or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder: or atlempt either directl)' or indirectly. to commit any act defined in this contract to be discriminatol)', J95.'s.'-OI-JQ:';2 ft.e\'i$ed J J -85 pa!!e ~ of ~ pages