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r' \' Form 6.AC.028 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This conUlct shall nOl be deemed \'alid unlil it S!tall have been approved by Ihe ConuoJlerofthe State of Colorado or such assistant as he may designate. This provision is applicable 10 any contract invoh'ing lhe payment of money by the State. FUND AVAILABILITY 2. Financial obligalions of the State payable at\er the currentliscal year are contingent upon funds for Ihat PurpoSe being appropriated, budgeted and otherwise made available. BONO REQUIREMENT J. If this contract involves the payment of more than fifty thousand dollars for the con5lruction. erection, retJair, maintenance, or improvemenf 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 contract. duly execute and deliver to and file with the \)lTIcial whose signature appears below for the State. a goo(( and sufficient bond or other acceptable surely to be appro\'ed by said olTIcial in a penal sum not less thaa one.half 01" the total amount payable by the terms of this contract, Such bond shall be duly executed by a qualified corporate suret}.. conditioned for the due an\"! faithful performance orthe contract. and in addition. shall provide that if the contractor or his subcontractors fail to duly pay for an)" labor. materiab. leam hire. SU~tenance. provisions. provendor or olher supplies used orl;onsumed by such conlfactoror his subcontractor in performance orlhe work contracled to be done. the s\lrety will pay the same in an amount not exceeding the sum specified in the bond.togelher with interest at the rate of eight per cent per annum. Unless such bond. ....hen so required. is executed. delivered and filed. no claim in favor ofthe conlractor arising under this contract shall be audited. allowed or p:,id. A certified orcashi~r's check or a bank money order payable to the Treasurerofthe 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 euent authorized by law. the contra":l(jr shall indemnify, sa\'e and hold hannless the State. its employees and agents. against any and all claims, damages. liability and cour1awards including costs. ~xpenses. and allomey fees inculTed as a resull of any act or omission by the contractor. or its employees. al!ents. subcontractors, or assignees pursuant to th~ teoos of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the lellet and spirit orthe Colorado AllIidiscrimination Act of 19S1. as amended. and other applicable law respecling discrimination and unfairemploymcnt practices (24'34-402. CRS 1982 Replacement Vol.I, and as requiredb~ Executive Order, Equal Opportunity and Affirma- ti\'c Action. d:lled April 16. 1915. Pursllall/ Ihere/o. Ihe follOW/ilK prol'isiollS shull be cOll/ailled ill ull Sla/t COI1/raclS or sub-con/raclS. During the performance or Ihis conlfact. the contractor agrees as follows: (I) The contractor will not discriminate againstl\ny 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 tbat applicants are employed. and that employees are treated during employment. without regard to the alxl\'c mentioned characteristics. Such action shall inclUde, but nOI be limited to the following: employment. upgrading, demotion. or transfer. recruitment or rl:cruitment adver1ising; lay-olfs or terminations; rates ofpey or other fonns of compensation: and selection for training. including apprenticeship. The contractor agrees to post in conspicuous places. available 10 emplOYlles and applicants for employment. notices to be pro- dded by the contracting onicer sening for1h Pro'visions of this non-discrimination clause. III The contractor will. in all solicitauons or advertisements for employees placed by or on behalf ofthe contractor, state that all qualified applicants will receive consideration for enlployment wilhout regard to race. creed. color, nalional origin. sex. marital status, religion, ancestry, mental or physical handicap. or age. j] I The contractor will send to each labor union or represenlatil'e of workers with which he has collective bitrgainin& agreement or other contract or understand. ing, notice to be provided by the contracting oFli\;er. adl'ising the labor union or workers' represenlltive of the conuactor.s commiunent under the Executive Order. Equal Opportunity and Alfirmative Actilm. dated April 16. 1915. and l)f the tules. regulations. and relevant Orders of the GOVernor. (oil The contractor and labor unions will furnish all infoooation and reportS required by Executi\'e 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 conlracting :tgency and the office cof the Go\'ernor or his de~ignee for purposes of investigation to ascertain compli~ce with such rules. regulations and orders. 15) A labor organization will not exclude any indlviduat otherwise qualified from full membership rights in $uch labororgani1.lItion. or expel any such indh'idual from membership in such labor organization or discriminate against any of its members in the full enjoymel\t of work opponunity, because of race. creed. color. sell. n,atiOllal origin. or ancestry. (6) A labor organization. or the employees or members Ihereofwil1 not aid. abet. incite. compel or coerce the doing of any act defined in this conlractlo be dis. criminatory or obstruct or pre\'ent any person fmm complying with Ihe pro~'isions of this contract or any I)rder issued thereunder; or attempt either direclly or indirectly,to commit any act delined in lhis cOl)tractto be discriminatory. 395-5].01-1022 Revised 1/88 page~of,~pages D<.IO.UOb....