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Furm G-A{;-O~1l SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall lUlve been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay. ment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiseal year arc contingenl upon funds for that purpose being appropriated, budgeted and otherwise made available. BONp REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction. erection. repair. maintenance. or improvement of any building. road. bridge. viaduct. lunnel, excavation or other public works for this State. the contractor shall. before entering the performance of any such work included in this con- tract. duly execute and deliver to and liIe with the omcial whose signature appears below for the Slate. a good and sunicient bond or other acceplable surety to be approved by said official in a penal Slim not less than one. half oftlle total amount payable by the terms of this conlract. Such bond shall be duly executed by a qualified corporate surety. conditioned for the due and faithful performance of the contract. ami in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor. materials. te;un hire. sustenance, pro- visions. provendor or other supplies used or consumcd by such contractor or his subconlractor in performancc of the work contracted to be done. the surety will pay the same in all amount not exceeding the sum spCcined in the bond. togcther with interest lit the rate of eight per cent per annum. Unless such bond. whe'n so required, is executed, delivered and filed. no claim in favor of the conLractor arising under this contract sha]1 be audited. allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the Stale of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-]06 CRS. as amended. INDEMNIFICATION 4. To the extent authoriled by law. the contractor shall indemnify. save ami hold harmlcss thc State. its employecs and agents. against any and all claims, damages, liability and court awards including costs. expenses. and attorney fees incurred as a result of any act or omission by the contractor. or its employees. agcnts. suhi:on- tractorS. or assignees pursuant to the terms of this contract. D1SClUMINATION AND AFFIRMATIVE ACTION 5. ihe contractor agrees w comply with the letter and spirit of the Colorado Antidiseriminalion Actor 1l.}57. <IS amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1982 Rep]ncclllcnt VoL), and as required by Executive Order, Equal Opportunity and AflirnHl.tivc Action. uated April 16. 1975. Pursuant therelo, the[ollowillg provisions shall be containcd ill all Stale contracts or :wb-coJllraClS. During. thc performance or lhis conlracL, the conLractor agrees as l'ollows; ( I) The contractor will not discriminate against any employee or applicant for employment hecause of r;Jce. creed. color, natiorlal origin, sex. marital status, religion. ancestry, mental or physical l1andicap. or a~e. The contractor will take affirmative action to insure that applicants are employed, and that employees afe tre:lled during employment. without regard to the above mentioned characteristics. Such action shall include. but not be limited to the following: employment. upgrading. demotion, or transfer. recruitment or recruilment :ldvcrtising: lay.olTs or terminations; rates of payor other forms of compensatiort: and selec- tion for training. including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. notices to be provided by the contracti::g ollicer setting rnrth provisions of this non-discrimination clause. (2) The contraclor will, in all solicitations or advertisements for employees placed by or on behalf of the conlraClor. Slate that all qualilied applicants will receive consideration for employment without regard to race. creed. color, national origin. sex. marital slatus. religioI1. ancestry, mental or physical handicap. or age. (3) The contractor will send to each labor union or representative or workers with which he tHIS colkctive bargaining agrcement or other contract or understanding. no~ice to be rrovided by the contr;lcting ollicer, advi~ing the labor union or workers' representative of the contractor's commiument under the Exo.:cutive Order. E4ual Opportunity and Al1irmative 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 reports required by Executive Order. Equa] Opportunity and Affirmative Action of Apri] ]6. 1975. and by the ru]es, regulations and Orders of the Governor. or pursuant thereto. and will permit access to his books. records. and accounts by the con- lr~cting agency and the office of the Governor 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 organiultion or dis- criminate against any of its members in the full enjoyment of work opportunity. because of race. creed. color. sex, national origin. or ancestry. (6) A labororganiza:ion. or the employees or members thereof will nol aid. abet, in.;;;e. compel or coerce the doing of any nct defined in this eontrat.:l to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or <lilY order issued thcreumler: or attempl. either directly or indirectly. to commil any act defincd in this contract lo be discriminatory. 395,53.01-1022 Revised I J .85 2 3 page _ _ of _~__. pages 1)('_1'1>11._15