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Form."'C-"ZB SPECIAL PROVISIONS CONTROLLER'S ,l.PPROV AL I. This contract shaH not be deemed valid until it shall have been approved by the Controller of the Scate of Colorado or such assistant as he may designate. ThIs provision is applicable to any contract involving the payment of money by the Slate. FUND A V AILABILrrY 2. Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. BOND REQUIREMENT 3. If this conuact involved the payment of more than fifty thousand dollars for the consuuction. erection. repair. maimenance. or improvement ohny building. road. bridge. viaduct. tunnel. excavation or other public works for this State. the contractor shall. before emering the perfonnance of any such work included in this contract. duly execute and deliver to and file with the official whose sigmuure appears below for the State. a good and sufficient bond or other acceptable surety to be approvec by said official in a penal sum not less than one.half of the tolal amount payable by the terms of this contract. Such bond shall be duly execute by a qualified corporate surety. conditioned for the due and faithful perfonnance of the contract. and in addition. shall provide that if me contractor or his subcontractors fail to duly pay for any labor. materials. ccam hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance 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 mid filed. no claim in favor of me conuactor arising under this contract shall be audited. allowed or paid. A certified or cashier's check or a bank money order payable to me Treasurer of the Slate of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38.26.106 CRS. as amended. INDE:IoINIFICA TION ~. To rhe extent authorized by law. the cor.tractc:r shall indemnify. sa\.e and hold harmless the State. Its employees and agents. against any and all claims. damages. liability and court awards including co~ts. expenses. and attorney fees incurred as a rt:~uh of any act orombsion by lhe contractor. or its employees. agents. subcontractors. or assignee.. pursuanl ro the tc:r.ns orthi~ ccmtr.l.ct. DISCRI:IoIINA TION A:"iD AFFlR:IoIA TIVE ACTION 5. The contractor agree:<. to comply wim the letter and spirit of the: Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting. discrimination and unfair employmenl practi~es (24.).l-Ul2. CRS 1988 Replacemenl Vol.). and 3."1 required by Execulive Order. Equal Opponunity and Affinnative Action. dated Apnl 16. 1975. Pursuant thereto. the following provisions shall be contained in all State COntracts or sub-cOntraCIS. During the pcrt"ormance: or" this contr.lct. the conU.1Ctor agrees as follows: {I) The contral:lor will not discriminate against any employee or applicant for employment because of race. creed. color. nalional origin. sex. marital status. religion. ancestry. mental or physical handicap. or age. The contr,Jctor will take affirmative action to insure that applicants are employed. and Ihat employees are treated during employment. without regard to the above me:ntioned characteristics. Such action shall include. but not be limited to the rollowing: employmenL upgrading. demotion. or tran~fer. recruitment or recruitment advertising; lay-offs or tenninationst r::ues of payor other forms of compensation: and selection ror training. including apprenticeship. the contractor agrees to pes, in ~onspicuou!; places. available: to employees and applicants for employment. 1) The comr,Jctor 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 !O 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 agreements or OlherCOnttact or understanding. notice to be provided by the contr.l.cting officer. advertising !he labor union or workers' representative of the contractor's commitment under the Exc:cutive Order. E4ual OpportuOlty and Affirmative Action. da.ted April 16. 1975. and of the rules. regulations. 311d relevant Orders of the Governor. (41 The contractor and labor unions will furnish all i~formalion and reports required by Executive Order. Equal Opponunity 311d Affirmative Action of April 16. 1975. and by the ruies. regulOltlons and Orders ot" the Governor. or pursuant thereto. and will permit access [0 his books. records. and accounts by the contraCting. agency and the: or"fke of the Governor or his designee for purposes of investigation to ascen.ain compliance with such rules. regulations and orders. (5) A labor organizalion will not exclude any individual othe:rwise qualified from full membership rights in such labor organizations. or expel any such individuai from membership In _,uch labor organization or discriminate against any ot" its members in the full enjoyment of work opponunity. because of handicap. race. credo color. sex. age:. national origin. or ancestry. ( :~-34.402 (I) (c) ) 1/'l1 A labor organiLation. or lhe: employees or mc:mbc:r~ thc:rc:of will not aid. abet. indle. compel or coc:rce: the doing of any act dc:tine:d in this COntr.l.CI to Ix dl:<.cnmlRatory IIf ob~trul:t any pc:rson from complying with the provisions of this contract or any order issued rhe:reunder. or attempt either directly or indirectly. to com mil ;my al:t define:d In this contract [0 be discrimlR:uory. I :!-l-34--Ullll) (el ) R~"'lsed 5NI 39S.53.01.1022 Page ~ of -4- pages