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SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by tfie Controller of the State of Colorado or such assistant ax he may dezignate. Thix provision is applicable to any contract involving the payment of money by the State. FUNU AVAILABfLITY 2. Financial obligations of the State of Colorado payable after the current fiscal year arc contingent upon funds for that purpose being appropriated. hudgetcd, and otherwise made available. BONG REQl1IRF:MENT i. If this tonrract involves the payment n( mare than fifty thousand dollars for the construction. crcction, «pair. maintenance, or impruvcmcm of anc huilding. road. bodge, viaduct. tunnel, excavation or other public work for this State. the contractor shall. t,cfi,rc entering upon the performance o(xny such work included rn this contrail. duly execute and Ccliver to the State official who will sign the contract. a goodrnd sulficicnt bond or other accepublc surcw u+ f,c approved by said o(frcial in a pcral sum rant Icss than one-halfof the tool amount payable by the terms of this contract. Such frond shall fx duly executed by a yualificd corporate sur_q• c•nnditioned upon tl+e faithful pvformanee of the contract and in addition, shall provide that d the eontnetor or his subcontractors fail to dulg pay for anv labor. materials, team hire, sustcuancc, provisions, provendoror othersupplies used oreonsumcd by wch contractor or his sub:ontracwr in pcriurmancc of the work contracted u+ tx dune or (ails to pay any person who supplies rental machinery, tools, or eGuipmcm in the prosecution of the wank the surcn ,.ill pat the .a me in an amoum nor exceeding the sum specified in the bond, together with interext at the talc of cigh: per cent per annum. Unless such band is cucutrd. dclr.vrrd anA 7ilcd. no claim in favor a(nc~ contractor arising under such contract xhall be audited, allowed or pa+C. A cenificd or cashier's check or a bank maraca ardor payable to the Treasurer of the State of C•ulo:ado msy f+e accepted in lieu of a bond. This provision is in compliance with CRS 3R-26-106. INDEMNIFICATION J. To the extent authorized by 1aw•. the contractor shall indemnify, save. end hold hannlc.. the State, n. employees end agents, aga+n.t an, and all a'larm.. d:anages- liability and coup awards including Costs, expenses, and attorney lets incurred as a result of anc act or omission by the cantrai tar. ur u. rmpl.,cce~. accnts, suhromracturs, nr assigncc> pursuant ro the terms of this contract. UISCRiMINATfON AND AFFIRMATIVE ACTION $• The contractor agrees w complc with the letter and spirit of the Colorodu Antidiscriminauon Act ul I4t7, as amended, and other appltcahlc la,+ n•.pce•trnp discrimination and unfair employmem prauices (CRS 24-3d-402), and as required by Executive Urdcr, t?yual Opportunity and Affirmative Acuan. dated ,\pnl 16. 1471, Pursuant thereto. rhr ~nllnw~iag pnn•isions shall ht conraintA in all Stare rnnrracrs nr srrh-r antra. n During the performance of this contract, the contractor agrees as follows: • (at The contractor will not discriminate against any employee or applicant for emplo}'mane 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 irtsurc that applicants are employed. and that employees arc treated during employment, without regard to the above tnenttotted characteristics. Stxh action shall inclutk, but not be limited tt: the (oilowing: employment upgrading, demotion, or transfer, recruitment or ttcruittnent advenisings; lay-offs or [erminations; rates of pay or other fornts of u,mpcnsatian; artd .election for training, including apprenticeship. The contractor agrees to post in conspicuoux places, available to employees and applicant: to: rntplr,yment. notices to be provided by the contracting oC(icer setting forth provisions of this non-discrimination clause. (bl The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all :Ittaliiirti a~pli~ int. a ill receive consideration for employment without regard to race, creed, color, national origin, .cx. marital status, « ligion, ancestry, rnentai ur pht:tcal handicap. or age. tc) The contractor will send to each labor union or representative of workers with which hr has a collective bargaining agreement or other contract pr understanding, notice to be provided by the contracting officer, advising the labor union or worker.' representative of the contractor': cuntntttrttettt under the Executive Order, Equal Opportunity and Affirmative Action, dated April I6, 1975, and of the rules, regulations, and relevant Orr!ers t+f :Ile (iovcrnor (dl The contractor and labor unions will furnish all infottttation and reports required by Executive Order, Equal Opportunity and Affirm:+tivr At•tion of April Ili, 1975. and by the rules- reRulations~and Orders of the Govemor, or pursuant thereto, and ~•ill permit access to his books, record., and •accttunt: by the contracting agency and the o((ice of the Govemor or his designee for purposes of investigation to ascertain compliance with such rules. rrcul:rtinns and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organizes[ion or discriminate agains[ any of its members in the full enjoyment of work opportunity because .ef t:tcr.:rced. color. sex. national origin, or ancestry. (() A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined ir. Chi: contract to be discriminatory' or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt. either directly or indirec[ly, to commit any act defined in this contract to be discriminatory- Form 6-AC-028 Revised I/93 395-53-01-(022 page 7 of $ pages