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, .\ \ \ I , Form 6-AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This conuacl shall nOI be deemed valid until iI shall have been approved by the ConlrotJerofthe State of Colorado or such assislant as he ma}' designate. This provision is applicable 10 any contract involving lhe payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable ah.er the current 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, maimenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or Olher public works forthis State, the contractor shall, before entering the performance of any such work included in Ihis conuact, duly execute and deliver to and file with the official whose signature appellTs below for the State, a good and sufficient bond or other acceptable surety 10 be approved by said official in a penal sum not less than one-half of the lotal amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned forme due and faithful perfonnance of the comract, and in addition, shall provide thaI if the contractor or his subcontractors fail 10 duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractOr or his subcontractor in perionnance of the work contracted 10 be done, the surety will pay the same in an amount not exceedinglhe sum specified in the oond, tottether with interesl at the rale of eight per cent per annum, Unless such bond, when so required, is executed, delivered and filed, no claIm in favorofthe contractor arisintt under this comraet shall be audited. allowed or paid. A certmed orcashier's check or a bank money order payable tothe T reasurerofthe Slate of Colorado may be accepted in lieu of a bond, This provision is in compliance with 38-26-106 CRS, as amended, INDEMNIFICATION 4. To the extent authorized by law. the contractor shall indemnif)". save and hold harmless the Stale. its employees and a@:ems,attamSI any and all claIms, damages, liability and caun awards inCluding COStS, expenses, and anomey fees incurred as a result of any act or omission by the contraClOf. or its employees, attenLS, subconuactors, or assIgnees pursuant 10 the terms of this comra,\. DISCRIMINATION Al'I."D AFFIRMATIVE ACTION . .5. The contractor a!!rees 10 comply wilh the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respectin~ discrimination and unfair employment practices f24-34-402. CRS 1982 Replacement Vol.), and as required by Executive Order. Equal Opponunity and Affirma- tive Action, dated April 16, 1975. Pursuant thertlO, the jolloll'illg prol'isiol1s thall be call/ai/led ill all SIGle rOIl/rurlS or sub-rolllrarls. During the performanc~ of this contract, the conuactor agrees as follows: (I) The contractor will not discriminale attainst any employee or applicant for employmem because of race, creed. color, national origin, sex, marital status. religion, ancestry, mental or physical handicap, or age. The COntfaClOr will take affirmative action 10 insurc that applicants are employed. and thai employees are lJeated duringemploymem, without regard 10 the above mentioned characteristics. Such action shall include. but not be limited 10 the followintt: employment, upgrading, demotion, or transfer, recruitment or recrultmenl ad\'enising; lay-olTs or terminations; rates of payor other forna of compensation; and selection for lJaining, including apprenticeship. The contractor ag.rees 10 pOSt in conspicuous places, a"aHable 10 emplo}'ees and applicams for employment, notices to be pro- vided by the contracting officer setting fonh provisions of this non-discrimination clause. (2) The contractor will. in all solicitations or ad\'enisements for employees placed b}' oron behalf of the contractor, state that all qualified applicants will recei"e consideration for employment without regard to race, creed, color. national origin, sex, mamal status, religion, ancestry, mental or physical handicap. or age. (3) The contractor will send to each labor union or representath'e of"'orkers ".ith which he has collective bargaining agreement or other contract or understand. ing:, notice to be provided by the contracting officer, ad\'ising the labor union Of workers' representati\'e of the contractor's commitment under the Executh'e Order, Equal Opponunit}. and Affinnative 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 informalion nnd repons requiredhy Executive Order, Eq~al QpJlOnunity and Affirmative ActiollOf Apr;l 16, 1975, and by the rules. regulalions and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts hy the contr~~tlng agenc)' and the office cof the Governor or his designee for purpo~es of invesligation to ascenain compliance with such rules, regulations and order>. (5) A labor organization will nOl e),clude an)' indi,'idual otherwise qualitied from full membership rights in ~uch labor organization, or e....p("1 any such indh'idual from membership in such labor organi18tion or discriminate against an}' of its members in the full enjoyment of work opporu.mity. because of race, creed. color, sex, national origin, or ancestT}', (6) A labor organization, or the employees or members thereof will not aid, abet, mcite. compel or coerce the doing of any a~t defined in lhis ContrilCt to be dJ" criminatory or obstruct or prevent any person from compl)"ing with the pw\'isions of this COntracl or an}' order issucd thereunder; or altempl either direct!)" ur indirectly, to commit an)' act defined in this contract 10 be discrimlnatoT}'. '. 395-53-01-1022 Re\'ised 1/88 page _ 'L_ of ~_?_ pages {',llU."""'"