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Form ti-At.:.028 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller oftbe State of Colorado or such assistanl 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 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, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the perfonnance of any such work included in this con- tract, duly execute and deliver to and file with the official whose signalUre 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 executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the Contractor or his subcontractors fail to duly pay for any labor, materials, learn hire, sustenance, pro- visions, provendor or other supplies used or consumed by such contractor 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 pt:r cent per annum. Unless such bond, when so required, is executed, delivered and tiled, no claim in favor of the contractor arising uoder 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 State 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 indemnify, save and hold harmless the State, its employe::s 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 contractof, or its employees, agents, subcon- tractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The Contractor agrees to comply with the letter and spirit oflhe Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Allirmative Action, dated April 16. 1975. Pursualll thereto. the/ollowing provisions shall be cO/lrained in ail State contracts or sub-contracts. During the performance of this contract, the comra'ctor agrees as follows: ( I) The contractor will not 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 contractor will take atlirmative action to insure that applicants are employed, and that employees are treated 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 recruitment advenising; lay-ofrs or terminations; rates of payor other forms of compensation: and selec- tion for training, including apprenticeship. The contractor agrees to po~t in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting fonh provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all quaJilied 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 agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opponunity 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 information and reports required by Executive Order, Equal Opportunity and Affirmati....e Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto. and will permit access to his books, records, and accounts by the con- tracting agency. and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules. regulations and otders. (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 organization or dis- criminate against any of tts members in the full enjoyment of work opportunity, because of race, creed, color, sex. national origin. or ancestry. (6) A labor organization. or the 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 obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either di~ectly or indirectly. to commit any act defined in this contract to be discriminatory. 395-53-01-1022 Revised 11-85 page....2.-.-. of ~ pages