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iorm frAC dItt SPECUL PROVISIONS CONTROLLER'S APPROVAL 1. This contrary ah a:l not be deemed valid until it shall have been approved by the Controller of the State o(Coloradoor such assistant as he may designee. This pravisicon is appliumc to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the cuff coot fiscai year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available BOND REQUIRE3IE.YT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of say building, mad. bridge, viaduct, tunnel, excavation or other public works for this Stage. the contractor shall, before entering Use performance of any such work included in this contract, duly execute and deliver to and rile with the official whose signature appears below for the State, a good and sufficient bond "other acceptable surety to be approved by said official in a penal sum not less than one-half of the total ansount payaole by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful perfunsimce of the contract. and in addhion- shall provide that if the mnfractor or his subcantrauoa fail to duly pay for any labor• materials, team hire, sustenanc, provisions• pwrendnr or other supplies used or consumed by such contractor orhis subcontractor in performance of the work contrpcted to be done, the surety will pay the saine its an amount not exceeding the sum specified in the bond. togetlterwith inteRAr at the rate of cyst percent per annum. Unless such bond, when so required, is esceufed. dclivneo and fitcd. ao claim in favoroithe contractor Arising under this contract shall be audited. allowed or paid. A cenirom or cashier's check or a hank money order payaole to the Treasurer of the Stateof Cisiorado may be accepted in lieu of a bond. This provision is in comodianee with 38-26.106 CRS, as amended. INDEMNIFICATION a. To the client authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and ail claims. damages, liability and mum awards including mass, expenses, and auomey Ices incurred as a result of any act or omission by the contractor, or its employees, agents, subeontractan, or assignees pursuant to the terms of this contract. DISCRIHIINATION AND AFFIRAIATIVE AMON 5. The contractor agrees to comply with the letter and spirit of the Cuioradp Antidiscrimination Act of 1957, as amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Val.). and as required by Executive Order. Equal Opportunity and Afffrma- lire Action. dated April 16, 1975. Atrauont therrta. ter Juilnuigg ,nmriunns solid he rnnrruord in ail Slam rontrarrs or rub-canrrncts. Ihvmg the performance of :his contract, the contractor aarces as hollows: (1) The contractor will not discriminate against any employee or appiicant for empduymens because of race, creed, color, national origin. sea, marital status. rmigion, ancestry,.mental or pnysfcal handicap, or age. The contractor will talc 217irm311yc acttnn In insure that applicants are employed. and that employees are :reatcd during emptayment, without regard to the above menuoned characteristics. Such anion snarl Inciuue, but not be limited to the following: employment. vpxrading, activation, or transfer, recruitment or recruitment so, crtcone: tav,ofrs or ternimmmns: rates of pay or other forms of compem ation: and selection for tramm� innuaing auprenncesmn. The contractor agrers m post inconspicuous places, aranahic it,cmnmvees and applicants for employment. notices to be pro. ceded by the contractint officer setting forth provisions of this nun.discnmmatmus clause. i21 The contractorwoll, in all solicitations or advertisements for emplovees cisced by or on bchaiNd the contranor. state that ail qualified applicants will recc3ve consideration for employment wi(nmo regard to race, :reed, color. national origin. sex, maenad status• religion, ancestry, mental or pnysieal handieao, or atc. (31 The contractor will send to each labor union or represeatauvc ni workers with which he has collective bargaining agreement or other contract orunderstand- mf_ notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order. Equal Opportunity and Alfurrnative Action. dated April 16. 1975. Ind of the rules. reguiauuns. and relevant Orders of the Governor. (u) The contractor and labor unions will famish ail information and reports requited by E seen is c Oruer. equal Opportunity and Affirmative Anion of April 16. 1973. and by the rates• regumunns and Orders of The Gurerntsr, or pursuanu Theresa, and sydl permit access to his books. records, and accounts by the contracting aeency and the nt7iee of the Governor or his designee for purpuscs of invebtigattnn m ascertain compliance with such rules, reguiauons and orders. (5) A labor organization will nut exclude any individual othenvmc qualified forms lull memnerslnp items in such labor organization, or Capri any such individual From membership in such labor organization or discnmuonte against any of its menimerx of the full cn)m Them of work opportunity, because of race, creed. mint. sex. national origin, or ancestry. (6) A labor organization, or the employees or members lheresf will not aid, ahel. incite. cumpel or aseme the doing of any act defined in this contract to be dis- crtminatory or obstruct ar prevent sny person from complying u ilh the prnvotom of Ihis contras tar any order issued thereunder, or attempt either directly or indirectly, to commit any act defined in this contras it, he discriminatory. 395-53.01-1022 Rrlised 1/88 cage 12 of_13 pages or.tassssw.as