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Fonn t;.AC.028 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving tbe pay- ment of money by the State. FUND AVAILABILITY 2. financial obligations olthe State payable after the currentliscal year are conting.ent upon funds for that putpOse being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this conuact involves the payment 01 more than lifty thousand dollars for the construction. erection, repair, maintenance, or improvement of any building, road, bridge, viaduct. tunnel, excavation or other public works for this State, the conuactor 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 State. a good and sulTIcient bond or other acceptable surety to be approved by said otl1cial in a penal sum not less than one- half of the total amount payable by the terms 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 conUactor or his subcomractors fail to duly pay for any labor, materials, team hire. sustenance, pro- visions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond. when so required, is executed, delivered and tiled, no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A cenilied or cashier'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 38-26-106 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 court awards incllding costs. expenses. and attorney fees incurred as a result of any act or omission by the contractor, or its emplo::ees, agents. subcon- tractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE 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 Opponunity and Affirmative Action. dated April 16, 1975. Pursuant thereto. the following provisions shall be contained in af! Slate contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (I) The contractor will nO{ discriminate 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 affirmative 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, recruitment or recruiunent advenising; lay-offs or terminations: rates 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 onicer setting fonh provisions of this non.discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, 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 understanding, notice to be provided by the contracting olTIcer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and AlTIrmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all infonnation and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto. and will permit access to his books, records, and accounts by the con- tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain .:ompliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualiJied from full membership rights in ~uch labor organization. or expel any such individual from membership in such labor organization or dis- criminate against any of ils members in the full enjoyment ot' 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. abel. incite, compel or coerce the doing of any aCI delined in this contract to be discriminatory or obstruct or prevenl any person from complying with the provisions of this contract or any order issued thereunder. or attempt, either directly or indirectly. to commit any act defined in this contract to be discriminatory. 395-53-01-1022 Revised 11-~5 page ~_ of .~ pages