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Form 6-AC-a2B SPECIAL PROVISIONS CONTROLLER'S APPROVAL ' L This convactshall not be deemed valid until it shall have been approved bythe Controller ofthe State ofColoradoor such auistantas h<may designate. This provision is applicable m soy contract involving the payment of money by [he State. FUND AVAILABILITY 2. Financial obligations of the State payable after the curten[fscal year are contingent uponfundslor that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. I(this ronvact invoWes the payment of more than fdry thousand dollars for the conswttion, ereG{on, repay, maintenance, or improvement of any building, road. bridge, viaduct, tunnel, excavation or other public works for His State, [he convector shall, before emering[he pedortnance of any such work included in this convact, duly execum and deliver to and fle with the oRlcial whose signature appears below for the State, a good and sufFcirnt bond ar otheracceptable surety to be approved by said ofFicial in a penal sum no[ less than one-half of the total amount payable by the terms of this convact. Such bond shall be duly executed by a qualified corporate surety, wndivoned (or the due end faithful performance of[he convect, and in addition, shall provide that Jthe con[ractoror his subconvectprs fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used orconsumed by sucM1 convador or his subconvarsor in performance of the work convected to be done, the surety will pay the same in an amount not exxeding [he sum specified m the bond, togetherwith in[ercrt at the rate ofeight per cam per annum. Unless such bond, when ao required, is ezecu[ed, delivered and filed, no Claim in fevoro(the convector arisinguvderthis contract shall be audimd, allowed or p.+id. A certified or cazhier's check or a bank money order payable to the Treasurer ofthe Smteof Coloradomay be accepted in lieu ofa bond. This provision is in compliance wiH 78-26-106 CRS, as amended. INDEMNIFICATION 4. To the extent authorized b}' law, the convector shall indemnify, save and hold harmless [he State, its employees and agents, against any and ell claims, damages, liability and coon awards including costs. expenses, and attorney fees intoned az a result o(any act or omission by the convactoq or its employees, agents, subconvaaors, or assignees pursuant to [he terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. the convector agrees to wmply with the tarter and spirit of the Colorado An[idiscriminevon Act of1957, as amended, and other applicable law respecting discrimination and unfair emplcymen[ practices (24-34402. CRS 1982 Replacement Vol.), and as requiretl by Execmive Order, Equal Opportunity and AfErma- tive Anion, dated April 16. 1975. Pursuau therein, rhefallox•ing prarisiens steal/ be contained in o/( Smte consmc(t or subcortrracrs. During the performance of this convact. the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment became oRace, neetl, coloq national origin, sex, marital status, religion, ancestry, mental or physical handicap. or age. The convactorwill take alllrma[ive action to insure Nat applicants ere employed, and [hat employees are veatnd during employment, without regard to [he above mentioned charattedsvcs. Such anion shall include, but not be limited [o the following: employment, upgrading. demotion, or transfeq recruitment or recrvitmen[ advertising; layoffs or [ertnmations; races of pay or oMer forms of compensation; and selection far training, including apprencttship. The convacmr aarees m post in conspicuous places, availableto employees antl applicants for employment, notices to be pro Tided by [he ronvaning oRcer setting forth prm'isions of [his non-discrimination Clause. (2) The convector will in all solicitavons or adrenisements foremployees placed by oron behalfofthe convecor, state that all qualified applicants will receive consideration (or employment without regard m race, creed, coloq national origin, sex, marital status, religion, ancestq•, mental or physical handicap, or age. (3) The convector will send to each labor union orrepresenta[ive ofworkers with which he has collenive bargaining agreement or other contract or understand- ing, notice to be provided by the contraning officer, advising the labor union or workers representative of the coMrador's commiwrnt under He Executlve Order, Equal Opportunity and Affvmavve Action, dated April l6, 1975, and of the rules, regulatons, and relevant Orders of the Govemor. (4j The mnvactor and labor unions will(umish all information and reports required by Executlve Order. Equal Opportunity and ARiwative Action of April lfi, 1975, and br [he roles, regulations and Orders of the Governor, or pursuant thereto, and will permit access [e his books, records, and accounts by the convecting agency and He oPoce of the Govemor or his designee for purposes of investigation [e ascertain compliance with such rules, regulatons and orders. (5) Alabor organization willno[exclude any individual otherwise qualified from Poll membership rights in such labor organizaton, or expel any such individual loin membership in such labor organization or discriminate against any of its members in [he full enjoyment of work opportunity, because ofrace, creed, color, sex, natonal origin, or v~cestry. (6) Alabor organization, or the employees or members ihereo(will not aid,abet,incite, compel or coerce He doing ofanyac[dehnedinthisconvatttobedis- crimina[ory or obswtt or prevent any person fmm complying with the provisions o![his convact or any order issued Hereunder; or avempt either directly or indvecty, m corrwit any act defined in His contraM to be discriminatory. 395-53-01-1022 Revised 1/88 page Q of 5 pages o~.honam~sa