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Form 6-AC-02B SPECIAL PROVISIONS CONTROLLNrSAPPROVAL I. This contrlla shall not be deemed valid until it shall have been approved by the Corttrollerofthe State of Colorado or such assistant as he may designate. This provision is app1Eable to any contract involving the payment of money by the State. . FUND AVAILABILITY 2. Financial ohligations of the State payable after the current fiscal year are contingent upon funds forthat purpose being appropriated, budgeted and otherwise made available. BOND REQUIkEMENT 3. If this conu.:t involves the payment of more than fifty thousand dollars for the construction, erection~.repair, maintenance, or improvement of any building, road, bridge, viadltct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this contract, 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 saidofficia! in a penal sum not less th8il one-half of the total amount payable by the terms ofmis contract. Such bond shaU be duly executed by a qualified corporstesurety, 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, provendoror other supplies used or consumed by such contractor or his subcontractor in performance oftbework 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 c~per annum. Unless such bond, when so required, is ell:ccuted, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, a1rowed or paid. A certified orcashier's check or a bank money order payable to the Treasurerofthe State of Colorado may be accepted in lieu ofa bond. This provision is in compliance with 38-26-106 CRS, as amended. INDEMNlFIClTION 4. To the eHen!. 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 costs, tll:penses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agcnts, subcontr.laors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMAl1VE ACTION 5. The contraclOr agrees to comply with the lener and spirit of th~ Colorado Antidiscrimination Act of 1957, as all1ended, and other applicable law respecting discrimination andunfairemployment practices (24-34-402. eRS 1982 Replacement Vol.), and as required by Ell:ecutive Order. Equal Opportunity and Affirma- tive Actiort, dated April 16, 1975. PUrSUant thereto, the follo~'ing provisions shall be contained in all Stale cOn/mets or sub-contracls. During the peJtonnance of this contract, the contractor agrees as follows: (I) The COntractor will not discriminate against any employee or applicant for employment because of race, creed, color, natiortal origin, sex, marital status, religion, ancestly. mental or physical handicap, or age. The contractorwiJl take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the abo~'e mentioned characteristics. Such action shall include. but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or reCrUitment advertising; lay-offs or terminations; rates of payor other fonns of compensation; and selection for training, includmg apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by the cmJtracting officer setting forth 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, slate that all qualified applicants will receive consideration for employment without regard to race. creed, color, national origin,.sell:, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contradoT will send to each labor umon or representative of workers with which he has collective bargaining agreement or other contract or understand- ing, notice to be providlld by the contracting officer, advising the labor union or workers' representative of the COrtlractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contracror and labor unions will fumish all information and reports required by Ell:ecutive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by t~ndes, regulations and Orders ofthe Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency aIld the oftice 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 ell:clude any individual otherwise qualified from full membership rights in such labororgani:.ation, or ell:pel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opponunity, because of race. creed, color, sell:, national origin, or ancestry. ,(6) A labor organization, or the employees or members Ihereofwill not aid, abet, incite, compel or coerce the dOing of any act defined in this contract to be dis- criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempl either directly or indirectly, to commit any act defined in this contract to be discriminatory. 395-53-01-1022 Revised 1/88 page ----.L of ~ pages Dc.10_t3060.88