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..-..... , ." Form 6oAC-Gl8 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contr.lct shall not be deemed valid until it shall have been approved by the Controller of the SGl[e of Colorado or such assistant as he may design~te. This provision is applicable to any contract involving the payment of money by the State. FUND A V AILABILITY 2. Financial obligations of the SGlte payable after the fiscal year are contingent upon fund~ for that purpose being appropriated. budgeted and otherwise made available. BOND REQUIREMENT 3. Uthis 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. excavation or other public works for this State:. the contractor shall. before entering the perfonnance of any such work included in [his contract, duly e)Oecute and deliver to and file with the official whose signature appears below for the StOlte. a good and sufficient bond or other acceptable surety [0 be approved by said official in a penal sum not less than one-half of the lotal amount payable by the tenns of this contract. Such bond shall be duly e)Oecute by a qualified corporate surety. conditioned for the due and faithful performance of the contract, and in addition. shall provide [hat if the contractor or his subcontractors fail to duly pay for any labor. materials. team hire. sustenance. provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance of the work contracted [0 be done. the surety will pay the same in an amount not e)Oceeding 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 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 contr...ctor shall indl::mnify, Si.lve and hold harmless the State. its employees and agents. against any and all claims. damages. liahility and coun awards int::luding costs. exper:ses. and anorney fees incurred as a resull of any act or omission by the contractor. or its employees. agents. subcontractors. or assignees pursuant to :he tenns of this contract. DISCRIMINA TJON AND AFFIRMATIVE ACTION 5. The contractor agrel:s to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unf:J.ir employment practices (~4.34-~02. CRS 19R8 Replacement Vol.). and as required by Executive Order, Equal Opponunity and Affinnative Action, d:J.ted April 16. 1975. Pursuant [hereto. the following provisions shall be containt:d in all State contracts or sub-contracts. During the perfonnance of this COntract. the contr.lctOr 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 affirmative action to insure that applicants are employed. and that employees are treated during employment. wilhout 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~offs or terminations: rates of payor other forms of compensation: and selection for training. including apprenticeship. [he contractor agrees to post in conspicuous places. available to employees and applicants for employment. 2) The contractor will. in al1 solicitations or advenisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race. creed. color. national origin. $ell. marital Status. religion. ancestry. mental or physical handicap. or age. (3) The contraclOr will send 10 each labor union or representative of workers with which he has collective bargaining agreements or othercontraet or understanding. notice to be provided by the contracting officer. advenising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opponunity and Affirmative Action. dated April 16, 1975. and of the rules. regulalions, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and repons required by Executive Order, Equal Opponunity and Affirmative Action of April 16. 1975. and by the rules. regulations and Orders of the Governor. or pursuant therelo. 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 ascenain compliance with such rules. regulations and orders. (5) A labor organizalion will nOl. exclude any individual otherwise qualified from full membership rights in such labor organizations. or expel any such individual from membership in such labor organiz.ation or discriminate against any of its members in the full enjoyment of work opponunity. because of handicap. race. creed. color. sex. age. national origin, or ancestry. ( 24-34402 (I) (c)) (6) A labor organization. or Ih~ employees or members thereof will nOl aid. abet. incite. compel or coerce the doing of any act defined in this conUGct to be discriminmory or obstrucl any person from complying with the provisions of this conlracl or any order issued thereunder. or attempt either directly or indirectly. to commit any act defined in this contract to be discriminatory. ( 24~34--402 (I) (e)) Revised 5191 395-53-01-1022 Page 3 of 4 pages