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,_ -J ,u' ( (l ",..' '-:..J O( F_,"AC~l. SPECIAL PROVISIONS CONTROLLER'SAPPROV AL I. This concract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND A V AlLABILITY 2. FmanciaJ. obligations of the State payable after the fascal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. . . BOND REQUIREMENT 3. lfthis contract involved the paym~nt or more than fifty thousand dollars for the consuuction. erection. repair. maintenance. or improvemenl of any building. road. bridge. viaduct. tunnel. excavation or other public works for this State. the conU'aCtor shall. before entering the perfonnance 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 said official-in a penal sum not less than ooe.ha1f of the lotal amount payable by the tcnns. of this contract. Such bond shall be duly execute by a qualified corporate surety. conditioned for the due: and faithful perfonnance of tile contract, and io addition. shall provide that if the contractor or his subcontractors fail to-cluly pay for any labor. materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontraCtor in performance of the work contracted to be done. the surety will pay Ihe 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 conttlct shall be audited. allowed or paid A certified or cashier's check or a bank money o.rder payable to the Treasurer of [he State of Colorotdo may be accepced in lieu of a bord. This provision is in compliance with 38~26.106 CRS. as amended. INDEMNIFICATION 4. To the extent authorized by law. the cor.cractor shall indemnify. save and hold harmless the State. it.~ employees and agents. against any and all claims. damages. liability andcoun awards including co~ts. expenses. and attorneY f~s incurrcdas a result of any act or omission by the conuactor. or its employees. agents.subcontractors. or assignee.~ pur.;uant 10 the t~rms of [his contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply wich the lener _and spirit of the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment practi_ces (24-34-402. CRS 1988 Replacement VoL). and as required by-Executive Order. Equal Oppoitunil)' and Affirmative Action. dated April '16..1975. Pursuant ~!=~to: -[he following provisions shall be contained in all State contracts or sub-conb'3CtS. . .-: -, ~,~ .;';:" - ..' .. . :,' ,~~-,~:~ ;.~:,~!;.~:' :; :_-'.' .--~, . , . D~ring the, ~rfcirmance .or thio; .contract.: ~~ conuaclor agrees as follows: .. . . " . ,.., . .- ", ,. -."::', -"- ... . . (I) The contr3ctor will not discriminate agiUrisi any employee or applicant for employment because of race. creed. color. national origin. sex.-maritiLl stalUS. religion. ancestry. mental or physical handicap. or age. The conuuctor will take affirmative action to insure that applicants are employed. and that employees are treated during employment. without ~gard to me above mentioned characteristics. Such action shall include. but not be limited to the following: employment, upgrading. <!Cmotion. or uansfer. recruitment or reCruitment advertising; Iay-offs or terminations: rates of payor od1c:r fonns of compensation; and selection for training. including apprenticeship: the contractor agrees 10 post in conspicuous places. available to employees and applicants for employment . 2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the con~tor. state that all qualified appl~ts 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 contraClor will send to each labor union or representative ofworters with which he has coUcctive bargaining agreemeOts or othcrcontraCtor understanding. notice to be provided by the contracting officer. advenising the labor union or workers' representative of the contractor's commitment under the Execucive Order. Equal Opportunity 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 infonnation and rcpons required by Executive Order. Equal Opportunity and Affinnative Action of April 16. 1975. and by the rules. regulations and Orders of the Governor. or pursuanl thereto. 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 invesligation to ascenain compliance with such roles. regulations and orders. (5) A labor organization wi11 not exclude any individual otherwise qualified from full membership rights in such labor organizations. or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opponunity. because ofhandicap.-race. creed. color. sex. age. national origin. or ancestry. (24-34-402 (I) (c)) (6) A labor organization. or the employees or members thereof will not aid. abet. incite. compel or coerce the doing of any act defined in this contract to be discriminatol)' ur obstruct any person. from complying with the provisions of Ihis contract or any order issued thereunder. or attempt either dim:tly or indirectly. ~ commit any act defined in t:hiscontract to be discrimina.tory. (24-34-4)2 (l) (e)) . Reviscd5191 395,53-0\-1022 Page 7 of ~ pages