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" , ) " -: r... I.AC"'. SPECIAL PROVISIO.' .' CONTROLLER'S APPROVAl. 1. This contraclshall not be deemed valid until it shall have !>ten approved by the Controller of the State of Colorado or such assistant u he m.y designate. This provision is applicable to any conUact involving the pay. ment of monoy by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that pUl'pQse being appropriated. budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of morc than fifiy thousand dollan for the constrUction. erection. repiir. maintenance. or improvement of any building. road. bridge. viaduct. tunnel. excavation or other public works for this State. the contractor shall. before entering the perfonnance of any such work included in this <:on- tract. duly execute and deliver to and file whh the official whose signature appears below for the State. a good and 5ulTIcient bond or other accept\\ble surety to be approved by said official in a penaJ sum not less than one- half af the tOlal amount payable by the tenns of lhis contract SUch bond shall be duly execut~d by a qualified corparate surety. conditioned for the due and faithful performanc~ orthe contract. and in addition. shall provide that if the contractor or his subcontractors fail to duly pay for any labor. materials. team hire. sustenance. pro- visions, provendor or other supplie, used or consumed by such COl1tractor or his subcontractor in performance of the work contracted to be done. the surety will pay Ihe same in an amount not exceeding the surn spe<:iOed in the bond, together with interest at the rate of eight per <:ent per anf\um, Unless such bond. when so required, is executed, delivered and filed, no Claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A cenified or Ca5bier's check or a bank money order payable to Ihe Treasurer of the State of Colorado may be accepted in Ii~u of a bond. This provision is in compliance with 38-26-106 CRS, as ame~ded. . INDEMNIFICATION 4. To the extent authorized b) law. the contractor shall indemnify, save and hold hannless the State. its employees and agenlS. against any and all claims. damages, liability and court awards including costs, expenses, and anomey fees incurred IS a reSltlt of any act or omission by the contractor. or its employees, agents. subcon- ulC\on. or assignees punu.ant to the tenns of Ihis contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees tocoo,ply with the letter and spirit orlhe Colorado Antidiscrimination Act of 1951, as amended. and other applicable law respecting discrimination and unfair emplo)'ment practices (24.34-402. CRS 1982 Replacement Va!.). and as required by Executive Order. Equal Opponunity and AOinnative Action. dated April 16. 1975. PunuQnlthtrtlO, the/allowing provisions shall be comaintd in all StOlt comraels or sub-contracts. During the performance or this contract. the contractor agrees as lallows: (I) The contractor will not l:1iscriminate 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 amnnative 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 following: employment. upgrading, demotion. or transfer, recruitmtnt or recruiunent advenising: laY.':llTs or terminations: rates of payor other ronns or 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 or this non-d1scr1tnination clause. (2) The Contraclor will. In all snlicitatlons or advertisements for employees placed by or on behalr of the contractor, state that all quallned applicants will receive consideration for employment without regard to race, creed. color. national origin, sex. marital status. religion. Mcestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bll'lainina agreement or other contract or understanding. notice 10 be provided by the contracting officer. advising the labor union or ,,"orkers' representative of the contractor's commitunenl under the Exeeutive Onler. Equlll Oppenunity and Amrmative Action, dated Aprili6. i97l. and of the roles, regulations, and relevlnl Orden of the Governor. (4) The contractor and Ilbo, unions will fuml.h all information and reporlS required by E.ecutive Onler. EquII Opportunity and Am"""tive Action of April 16. 1971. and by the role.. regulation. and Onlen of the Governor. or punuantlhereto. and will pennit access to his books. records. and accounts by the con- tracling agency and the offiCe of the Governor or his designee for purposes of invesligation to ascenain compliance with such rules. regulations and orders. (5) A labororaanization will not exclude any individual otberwi$e qualified from full membership rights in such labor organization, or eltpel,any such individual from membership in such labor organization or dis. criminate against any of ilS h1embers in the rull enjoyment of work oPpol1unity. because or 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 dermed in this contract to be discriminatory or obstruct or prevent any pel'1'on from comglying with the provisions ofthis contract or any order issued thereunder: or attempt, either directly or indirectly. to commit any liet defined in this contract to be discriminatory.