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. . Formo-..\C,':..12S SPECIAL PROVISIONS . CONTROLLER"S APPROV.'L I. This COntr.lCt shaH not be deemed valid until it shall have been approved by the Controller of [he SUee of Cl,)lor::1dO or $uch assisL1Jl( as he may designate. TIllS provision IS applicable 10 any COnlr:J.ct involving the payment of money by d'le Smtc. FUND A V AILABILITY 2. Financial obligations of the State payable after the fisc3.1 ye:lt are contingent upon funds for that purpose being :1ppropriau:d. budgeted .1l1d otherwise mace 3vadable. BOND REQUIREMENT J. If this conQ':1Ct involved the payment of more than fifty lhousand dollars for the constnJ.crion. erection. repair. maintenance. or improvement at' any building. road. bridge. viaduct. runnei. ,:xc::J.vation or other public works for (his State. the conU'3.ctor shall. before encering the pcnormance of any such lNork included in this contract, duly execute 3l1d deJiver [0 and tile with the otliciaj whose signanue appears below for the State. a good. and sufficient bond or other acceptable surety TO be approved by ~:r.id official in a penal sum nOE less than one.half of the tow amount payable by the terms of this conuact. Such bond shaH be duly execute by :1 qualified corporate surety, conditioned for the due 3t1d f:r.iEhful performance of me conEr.lCt. md in addition. shall provide that if the contractor or his subconuac:on fail to duly pay for:1l1Y labor. materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such conuactor or his subcomractor in perionnance of the work conuacted to be done. :he 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. UnJess such bond. when so required. is executed. delivered and, filed. no claim in favor of the conD'aCtor arising: under this conaact shail be aUdited. J..Ilowed or paid. A cenified or cashier's check or a bank money order payable to the Treasurer of the Selfe of Colorado may be :lecepted in lieu of 3. bond. This provision is in compliance wim J8-2f>.106 CRS. as amended. INDEMNIFICATION ~. To the extent authorized by law. the contrxtor !'lhaJl indemnify. save wd hold hannJess the Scale. itS employees md agents. 3g:ainst any:md aJl claims. damages. liability and cnun awards inc:uding COSts. expenses. md ilttomey fees incurred as a resultof any act oromission by the contr.lC'tor. or its employees. agents. subcontraCtors. or assignees purswuu to the tenns or" :his conuac:t. DISCRIMINATION AND AFFIRMATIVE ACTION . S. The conuac:tor agrees fO comply with the letter md spirit or the Colcr.u1o Antidiscrimination Act of 1957. as amended. and other appfiable law respecting discrimination and unrair employment pr.1ctices (14-]J-102. CRS 1988 Replacement vot.). 3t1d as required by Executive Order. Equal Opponunity and Aifumative Action. dated April 16. 1975. Pursuant thereto. me following provisions shall be comaincd in aH St3te conU'3Cts or sub-conU'aCts. During the perfonnance or this contr.1Ct, the contraCtor agrees as follows: (t) The contr:J.clor will not discriminate against any employee or applicant foremploymcot because of race. creed. color. national origin. scx. marita.l status. religion. mcestry. mental or physlcaJ handiap. or age. The conax:or will take aifinnanve action to insure that applicants are ~mployed. 3t1d that employees are treaterl dunng <:mployment. without reg3M to the above mentioned characteristics. Such action shail incJude. but not be limited to the foHowing: employment. upgrading. demotion. or tran.'ifer. recnuunent or recroitatcnt advenising; lay-offs or tenninations: roUes of payor other fonns of compensation: md selection for training. including apprenticeship. tne contraCtor a~ to post in conspicuous pl~es. available to employees and applic:lnts for empJoyment. :) The conuactor will. in a.ll solicitatIons or adveniscmcnts for employe~ placed by or on behair of the Contr:lCtor. Stale that ail qualified applic.uus will receive consider:lUon (or employmenl without regard to race. creed. color. natiorutl origin. sex. marital statuS. religion. aru:esay. menw orphysic:U handicap. or age. .. {J l The contr:J.ctor will send to e:1Ch labor union or representativc of workerS with which he has collective bargaining agreements or other contnet or undmtanding, notice to be provided by the conuucung officer. .1dvertising the labor union or workers. represcnwive afthe conuuctor's commianem under the Executivc Order. Equal Opponunlty and Affirmative Acnon. dated Apnl 16. 1975. md of me roles. reguJations..md relevant OrdeD of the Governor. (~l The contr::lctor ll1d labor unions will furnish all information and reportS required by Executivc Order. EquaJ Opponunity and Afftrmative Action of April 16. 19i5. md by (he rules. regul3tions and Orders of the Governor. or pursuant thcreto. and will permit access to his books. records. and accounts by thc conlJ'3Cting agency and the office of the Governor or his designee for purposes of investigation to asccnain compHance with such rules. regulations and orders. (S) A labor organization will not e:c.cludc any individuaJ otherwise qualified (rom fuJ! membership rights in such labor organizations. orexpef any such individual iram mcmoersMlp lR such labor org:lnIZ3UOn or discriminate against any of its mcmbers in the fuJl enjoyment or work opportUnilY, bec3USC of handiep. r.1Ce. creed. color. se~. age. national anglO. or ancestry. I 1..t-J4...:.D2 (1) (ct ) In) A labor Qrganil.:lUon. or {he c:mployees or mcmbers thereof will not aid. abet. incite. compel or coerce [he doing of 3t1y :let derined in this contr.1Ct [0 be JISI.::1mlnatory or ODSUlJct :JJ1Y person irom compJyinlJ with the proVisions of this conuuct or any order issued thereunder: or attempt either directly or indirectly. 10 ..:ommlt.lllY aCt Jelinel1ln tnis contract to be discnmm.uory. ( :4-j4-+02 II) (cJ ) . Rc:vt..c:tJ ~/41 J95..;J.d 1.11J2~