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Farm6-"C.o18 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall nOl be deemed valid until it shall have been approved by the Controller of the Slate 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 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 State. the contr'dCtOr shall. before entering the performance of any such work included in this contraCl. duly execute and deliver to and file with (he official whose signalUre appears 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 total amount payable by the terms of this contract Such bond shall be duly execule by a qualified corporale surety. conditioned for the due and failhful performance of the contract. and in addition. shall provide that if the contractor or his subcontractors fail to duly pay for any labor. materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by !luch comractor or his subcontractor in performance 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 and filed. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A cenified or cashier's check or a bank money order payable to the Treasurer of the Slale of Colorado may be accepled in lieu of a bond. This provision is in compliance with 38.26-106 CRS. as amended. INDEMNIFICA TIO,", 4. To the e_'(teRl ,iuthorizea b~ la..... the contractor ,hail indemnify. !>ave and hold hannl~ss lhe State. its ~mplny~es and ag~nh. against an)' and all claim!>. damage~. liabilir)' andcoun a.....ards mduding Cusb.C')(pensc,>. :md :momey fee~ incuITed asa resultof any act ~)rl)mission by Ih~ contractor. or its employees. agents. subcontractors. or assigm:es p:Jr~uant 10 th~ lenn~ of this Contract. D1SCRIMI:-iA nON AND ,AFFIRMATIVE ACTIO" 5. The contractor agrees to comply .....ith the letter and spiril of the Coloradu Antidiscriminauon Act of 1957. a~ amended. and other applicable law respecling discrimination and unfair employment practices (24.3.l.~02. CRS 19R5 Replacement Vol.). and as required by Executive Order. Equal Opportunity and Afftnnalive Action. daled April 16. 1975. Pursuant thereto. the following provisions shall be contained in all State contrdcts or sub.conlracts. During Ihe perfonnance of this contract. the contractor agrees as follows: , I ) The contractor will not discriminate against an)" employee or applicant for employment because of race. creed. color. national origin. sex.. marital status. religion. ancestry. mental or phY!loical handicap. or age. The contractor will take affinnativc action to insure that applicants are employed. and thaI employees are treated during employment. without regard to the abO\-'e mentioned characteristics. Such aClion shall include. but not be limited 10 the following: employment. upgrading. demotion. or transfer. recruitment or recruitment advertising; lay-offs Qr terminations; rates of pa)' or other forms of compensation; and selection for training. including apprenticeship. the contractor agrees to post in conspicuous places. available to employees and applicants for employment. 2) The contractor will. in all solicitalions or advenisemenlS for employees placed by or on behalf of the contractor. stale that aU qualified applicants will receive consideration for employment without regard to race. creed. color. national origin. sex. marital stalUS. religion. ancestry. mental or physical handicap. or age. (3l The controtetor will send to each labor union or represenlative of workers with which he has collective bargaining agreements or Olher contract or understanding. notice to be provided by Ihe contracting officer. advenising the labor union or workers' representative of the contractor's commitment under the Executive Order. Equal Opponunity and Affirmalive AClion. dated April 16. 1975. and of the rules. regulations. and relevant Orders of Ihe Governor. (4) The comractor and labor unions will furnish all infonnation and reports required by Executive Order. Equal OpponunilY and Affirmative Action of April 16. 1975. and by the rules. regulations and Orders of (he Governor. or pursuant thereto. and will pennit access 10 his books. records. and accounts by the contracting agency and the office of the Governor or his designee f~~ purposes of investigation to ascenain compliance with such rules. regulations and orders. (5) A labor organization will not exclude any individual olherwise 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 Ihe full enjoyment of work opponunity. because of handicap. race. creed. color. sex. age. national origin. or ancestry. (14.34-402 (I) (c)) (6) A labor organi1.8Iion. or Ihe employees or members thereof will not aid. abet. incile. compel or coerce the doing of any act defined in this contract to be discriminatory or obslruct any person from f.:omplying with the provisions of this contract or.any order issued thereunder. or anempt either directly or indirectly. to commit any act defined in this contraclto be discriminatory. ( 24-34--402 (I) (e) ) Revised 5191 .195.53-01-1022 Page 3 of 4 pages