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Form 6..4.C.OZB SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controllcr of the Stale 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 fiscal year arc 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 performance of any such work included in this con- tract, duly execute 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 omcial in a penal sum not less than onc- 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 aJdition. shall provide that ifthe contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro- visions, provendor or other supplies used or consumed by such contractor or his subcontractor in pertormance 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 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 38-26-106 CRS, as amended. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including cost~. expenses, and attorney fees incurred as a result of any act or omission by the contractor. 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 of the 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 Allinnalivc Action, dated April 16, 1975. Pursuant thereto. the/allowing provisions sha/1 be contained ill all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant lor employment because of race, creed, color, national origin. sex, marital status, religion, ancestry. mcnlal or physical handicap, or age. The conlractor will take affirmative action to insure that applicants arc employed, and that employees are treated during employment, withoul 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 advertising; lay-ofTs or terminations; rates of payor other forms of compensation; and selec- tion for training, including apprenticeship. The contractor agrees 10 post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting ofticer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or un behalf or the contractor. state that all qualified 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 undemanding, notice to be provided hy the contracting ollker. advising the labor union or workers' representative of the contractor's committment under the Executive Order. Equal Opportunity and Allirmative 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 infomlation and reports required by Executive Order. Equal Opportunity and Allirmative Action of April 16. 11)75. and by the nlles. regulations and Orders of the Governor, or pursuant thereto. and will permil al.:cess LO his hooks. rccnrds. and accounts by the con- tracting agency and the office of the Governor or his designee lor purposes of investigation to ascenain compliance with such rules, regulations and orders. (5) A labor organization will not exdudc any individual otherwise qualified from fuJlmcmbership rights in such labor organization. or expel any such individual from membership in slll;h labor organization or Jis- criminate against any of its members in the full enjoyment of work opportunity, becau~e or race. creed. culor. sex. national origin. or ancestry. (n) A labor (lrganizalinn. \)r the employees or members thcreof willlHll aid, ahet. ilKite, cnmpcl tlr cocn.:e lhe u\ling loll' any act dclined in this COlllract to he discriminatory or llhstru..:t or prcvclll any person from ..:ornplying wilh the provisions ot"this contract or any nrdcr issued thereunder: nr :mempt. either directly l)r indin.:ctly. to commit any act ddine<.l in lhis contract Lll be discriminatory. W5-53-0 1-1022.Revised 11-H5 page 6 uf 7 pages