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Form ""AC'&2.8 SPECIAL PROVISIONS CONTROLLER'S ..\PPROV.\L 1. This contract shall not be deemed valid until it shall have been approved by lhe Controller of the Stale or Colorado or such assistant as he may designatl!:. This provision is applicable to any COntract involving the payment of money by the State. FUND A V AILABILlTY 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 contract involved the payment of more than fifty thousand dollars for the construction. erection. repair. maintenance. or improvement of any building. road. bridge. viaduct. tunnel. excavation or other public works for this Slate. the contractor shall. before entering the perfonnance of any such work included in this contract. duly execute and deliver to and file with the official whose signature appears below for the State. a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly execute by a qualified corpome surety, conditioned for the due and faithful perfonnance of the contract. and in addition. shall provide that if the contractor or his subcomractors fail to duly pay for any labor. materials. team hire. sustenance. provisions. provendor or Other supplies used or consumed by such contractor or his subcontractor in perfonnance of the work concracted to be dont:. the surety will pay the same in an amount noc exceeding the sum specified in the bond. together with interest at che race of eight per cenc per annum. Unless such bond. when so required. is executed. delivered and filed. no claim in favur of the contractor arising under this contl"'!ct 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 Colomdo may be accepted in lieu or a bond. This provision is in compliance with 38-16-106 CRS. as amended. INDEMNIFIC.\ TION 4. Tu Ihe ~xtent authorized by law. thl:: Co~tracmr ~hall indemnify. ~a\~:md hQld narmless the State. HS employees and agents. against any and all claims. damages. liability and court awards including co'm. .::.'\pen~es. andanomey. fees im:urred a~a resuh oiany act or omission by the contractor. or its employees. agents. subcontractors. or assignee., pursuant to the t.::r.ns of thi.\ cnntract. DISCRIMIN.\TION .\ND AFFIRMATIVE ACTION 5. The contractor agree~ to comply with the lener and spirit of the Colorado Antidiscrimination Act of 1957. as amended. and Other applicable law respecting discriminalion and unfair employment practices (1~-3-~.~02. CRS 1988 Replacement VoU. and as required by Executive Order. Equal Oppoilunity and Affinnative At:tion. dated April I fl. 1975. Pursuanl therem. the following pro\"i~ions shall be contained in all State contr.!.cts or sub-contracts. During the performance of this contract. the contractor agrees as follows: (\\ Th~ contmctor will nO! discriminate against any employee or applicant for employment because of race. creed. color. national origin. sex. marital status. religion. ancestry. mental or physical handicap, or age. The contmclOr will take affirmalive :!ction 10 insure that applicants are employed. and that employees are treated during employment. withoul regard to the above mentioned char.acteristics. Such action shall include. bUI not be limited to the following: employment. upgrading. demOlion. or transfer. recruitment or recruitment advertising; lay-oCfs or terminations: rates of payor OIher forms of compensation; and selection for training. including apprenticeship. the contractor agrees to poSt in conspicuous plac.:es. available to employees and applicants for employment. 2) The contnlCtor 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 to 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 other conU<1ct or understanding. notice to be provided by Ihe conlracting officer. advertising the labor union or workers' representative of the contractor's commitment under the Executive Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. and of the rules. regulations. and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and repons required by Execulive Order. Equal Opponunity and Affinnative Action of April 16. 1975. and by the roles. regulations and Orders of the Governor. or pursuant theretO. and will permit access to his books. records. and accounts by the contracting agency and the office of the Governor or his designee for purposes or investigation to ascertain compliance with such rules. regulations and orders. IS) A labor organizalion will not exclude any individual otherwise qualified from full membership rights in such labor organizations. or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work. opportunity. because of handicap. race. creed. color. sex, age. national origin. or ancestry. ( 2~-34-402 (I) (c) ) (6) A labor organization. or the employees or members thereof will not aid. abet. incite. compel or coerce the doing of any act defined in this contract to be di~cnminatory {Ir obstruct 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. (2~.34--402 (I) (e) ) Revised 5191 395-53-01-1022 Page .2... of -2- pages