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Form 6-AC-0EB SPECIAL PKOVISIONS CONrR,OLLER'S APPROVAL 1. 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 conuact involving the pay- ment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the cunent fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or itnprovement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the perFotmance of any such work included in this con- tract, duly execute and deliver to and file with the official whose signature nppears below for the State, a good and sutFicient bond or other acceptable surety to be approved by said official in a penal sum not less than one- half of the tocal 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 performance of the convact, and in addition, shall provide that if the convactor or his subconuactors 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 conuacted 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 filed, no cisim in favor of the convactor arising under this convact shall be audited, allowed or paid. A certified 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. � INDENINI�ZCATION � 4. To the extent authorized by law, the contractor shall i save and hold harmless the State, its employees and agents, against any andsll � rt awards including costs, expenses, and attorney fees incurred as a result of any n r, or its employees, agents, subcon- tractors, or assignees pursuant to the te o ttus contrac[. , DISCRIMINATION AND ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Anudiscrimination Act of 1J57, as amended, and other applicable law respecting discrimination and unfair employment practices (2434402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opporzunity and �rmadve Action, dated April 16, 1975. Pursuant theieto, the following provisiotts shall be contained in all State cnntracts or su�contracts. During the performance of this contract, the contracwr agrees as foliows: (1) The con[ractor will aot discrmminate against aay employee or applicant for emgloyment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. T'he conua�tor will take �rmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. 5uch action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruiunent oz recruiunent advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selec- tion for vaining, 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 of this non-discrimination clause. (2) The cantractor will, in all solicitations or advertisements for employees placed by or on behalf of the conuactor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, mari[al scatus, 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 conuact or understanding, notice to be provided by the conuacdng officer, advising the labor union or workers' representative of the conaactor's committment under the Execudve Order, Equal Opportunity and Affirmative Action, dated April 16, 19�5, and of the rules, regulations, and relevant Orders of the Govemor. (4) The conuactor and labor unions will fumish all information and reports required by ExecuGve Order, Equal Opportunity and Affirmadve Acpon of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto. and will permic access to his nooks, records, and accounts by the wn- tracting agency and the office of the Govemor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) 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 organization or dis- criminate against any of its members in the full enjoymenf of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not sid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obswct or prevent 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 page __� of � pages Revised 11-&5