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Form &AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This convact shall no[ be deemed valid unul it shall have been approved by ch: Controller of the Statc of Cobradoor such assistant as he may designace. This provision is applicable to any contract involving the payment of money by the `.�tace. FUND AVAIL?IBILITY 2. Financial obligations o( the State payable after [he curtent fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made availabla BOND REQUIREMENT 3. If this convacc invoh•es the payment o( more than fifty thousand dollars for the conswetion, ercction, repair, mainlenance, or impmvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for [his Stete, the cc ntractor shall, before enteringthe performanee of any sueh work ineluded in this contract, duly exewte and deliver to and file with the ofLcial whose signature appe:.rs below for the State, a good and sufficientbondor other accepwble surcry to be approved by said otTicial in a penal sum not less than one-half of the taal amour.t payable by [he [erms of this convact. Such bond shall be duly executed by a qualified corporaee suren•, conditioned for the due and faichful performance of the convact, and in addition, shall provide that Jthe contractor or his subconvactors fail to duly pay for any iabur, materials, team hire. sustenance, provisions. Provendor or other supplies used or consumed by such wntractoror his subconuattor in pedormance of the work con[racted [o be done, the surery will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eighe per crnt per annum. Unless such bond, when so required, is exewced. deliverod and filed, no claim in favorof the contrac[w arising under this con[ract shall be audited, allowed or paid. A c: rtified or cashier's check or a bank money order payable [o the Treasurerof the State of Colorado may be accepted in lieu o( a bond. This provision is in com�+liance wich 38-26-106 CRS, as amended. INDEMHIFICATION 4. To the extent au[honzed by law, the contractor shall indemnify, save and hold harmless the Staee, its employees and agents, against any and all claims, damages, liability and court awards including wsts, expenses, and attorney lees incurred u a rcsult of any act or omission by the convactor, or its employees, agents, subconvactors, or assignees pursuant to [he [ertns of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The convac[or agrees to comply wi[h the letter and spirit of the Co d, on Act of 1957, as amended, end other applicable law respecting discrimination and unlair employment practices (24-34-402. CRS 1982 � ., and as re'red by Executive Order, Eq�al Opportunity and �rma- ti�•c Action, dated April 16. I975. P�vsuanr fhereta, the fallox ing proci s sha!/ be c " ed l! late contmcts or sub-connacts. During the ped�ormance o( this convac[, the contractor agrees as follow • ,�� J Y ... ( I) The con[raccor will not discriminate against any employee or I�or�oyment because of rece, creed, color, national origin, sex, marital status. religion, ancestry, mental or physical handicap, or age. The convact�y take affirma[ive action to insure thatapplicants are employed, and that employces are treated during employmeni. �vi[hout regard to the above mentioned characteristics. Such action shall includq, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advenising; layofl's or tertninations; rates of pay or other fortns of oompensa[ion: and sekction for training, including apprenc:ceship. The contractor agrees to post in conspicuous places, available to emptoyets and applicants for employment, notices to be pro- vided by the mntracting officer xetting forth provisions oP this non-discrimination clause. ( 21 The con Vactorwill. in all solicitations or advertisements for employees placed by or on behalf of the conaactor, state that all quatlfied applicants will rcceive consideratinn lor employment withou[ regard w race, creed, color, nacional urigin, sex, marital status, religion, ancestry, mental or physical handicap, or age. 131 The contractor will send to each labor union or representative oFworkers with which he has collective bargaining agreement or other contract or understand- ing, no[ice to be provlded by the contracting officer, advising the labor union or workers' rcpresen[ative of tht conlraMOi s commitmenl unde� [he ExCCUtive Order, Equal Opportuni[y and �rmauve Acuon, dated April 16. 1975, and of Ihe rules, regulations, and relevant Orders of the Govemor. � 4) TMe contrac[or and labor unions will Fumish all informatiun and repons required by Exewtive Order, Equal Opportuniry and Affim�ative Action of April 16, 1975, and by che rules, regulations and Orders of the Go�•ernor, or pursuant [hereto, and will permi[ access to his books, records, and secounts by the contracting agency and the oftice ef the Governor or his designee for purposes of imesiigaiion to ascertain compliance with such rules, regulations and orders. ( 5) A labor organization will not exclude any indi��idual otherwise qualified from full membership rights in such labor organization, or expel any such individual (rom membership in such labur organization or discriminace against any of its members in the full enjoymene of work opportunity, because of race, creed, color, sex, national origin, or encestry. (6) A labor orgenization, or the employees or members thereof will not aid, abee, incite, compel or ccerce the doing of any acl defined in this contract to be dis- cnminacory or obswct or prevrnt any person from complying with the provisions of this con[ract or any order issued thereunder: or attempt ei[her directly or indirecdy, to commit any act defined in this contract lo be discriminatory. 395-53-01-1022 4 5 o�-io-:�oe��ex Revised 1l88 page _ of _ pages