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.~..~\ F"orm&'AC.o2B SPECIAL PROVISIONS CONTROLLER'S APPROV AL I. This contract shall nO! be deemed valid until it shall have 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 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. lfthis 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. eltcavation or other public works for this State. the contractor shall. before entering the performance of any such work included in this contract. duly eltecute 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 eltecute 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. team hire. sustenance. provisions. pro vendor or Olher supplies used or consumed by such contractor or his subcontractor in perfonnance of me work contracted to be done. the surety will pay the same in an amount not eltceeding 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 eltecuted. delivered and filed, no claim in favor of the contractor arising under this contract 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 Colorado may be accepted in lieu of a bond. This provision is in compliance with 38.26.\ 06 CRS, as amended. lliDEMSIFICA TION 4. To the <:ltteOl authorized by law. :he comractor sh:l.ll indemnify. save and hold h:l.rmless the State. its employees and agents, against any and all claims. damages. liabil:IY and court awards including costs.eltpenses. and attorney fees i:J.curred as a result of any actor omission by the contractor, or its employees. agents. subcontractors. or a.\signees pursua..u 10 the terms ,)f [hi... CCOlract. DISCRIMINA TION AND AFFIRMA TI\'E ACTIOI' 5. The contractor agrees to comply with the \ettlfr and spirit of the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment pral.:tices (:!~.34-402. CRS 1988 Replacement Vol.). and as required by Eltecutive Order. Equal Opportunity and Affinnative Action. dated April 16. 1975. Pursuant thereto. me following provisions shall be contained in .0..11 State ContraCls or sub.comracts. During the performance of this contract, the contractor agrees as follows; ( I) The contractor will nOl 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 .....ill take affirmative action to insure that applicants are employed. and that employees are treated during employmenl. 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 :ldvertising: lay--offs or terminations: rates of payor other forms of compensation: and selection for training. including apprenticeship. the contractor agrees 10 post in conspicuous places. available to employees and applicants for employment. 2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor. state that all qualified applicants will receive considerdtion for employmem without regard to race:. creed. color. national origin. sex. marital status. religion. ancestry. memal 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 contract or understanding. notice 10 be provided by the contracting officer. advenising the labor union or workel'5' represemative of the contractor's commitment under the Executive Order. Equal Opportunity and Affinnative Action. dated April 16. 1975. and of the rules. regulations. and relevant Orders of the Governor. (4) The commctor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative 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 contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance wim such rules. regulations and orders. (5) A labor organization will not eltclude any individual othenwise qualified from full membership rights in such labor organizations. or expel any such individual from membership in such labor organization or discriminate againsl :my of its membel'5 in the full enjoyment of work opportunity. because of handicap. race, creed. color. sex. age. national origin. or ancestry. ( 24-34~02 (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 contrnCt to be discriminatory or obSln.lcl 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 comract to be discriminatory. (24-34.-402 (I) (el ) Page 3 of 4 pages Revised 519\ 395-53-01.1022