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Form 6-AC-028 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall nOl be deemed valid unlil it shall have been approved by Ihe Controller of the State of Colorado or such assistant as he may designate. This provision is applicable 10 any contract involving the pay- ment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable aftcr the current lIscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. BOND REQmREMENT 3. rf this contract involves the payment of more than fifty Ihousand dollars for Ihe construction, erection, repair. maintenance, or improvement of any building. road, bridge, viaduct, tunnel. excavation or other public works for this Slate, the contractor shall, before entering the perfonnance of any such work included in Ihis con- tract, duly execute and deliver to and file with the otlicial whose signature appears below for the State. a good and sullicient bond or other acceptable surety 10 be approved by said official in a penal sum not less than one- half of Ihe total amount payable by the tenns of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned fot 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, pro- visions, provendor or other supplies used or consumed by such contractor or his subcontractor in pertonnance of the work contracted to be done, the surely will pay the same in an amount not exceeding Ihe 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 conlractor shall indemnify, save and hold hannless the State, its employees and agents. against aIly and all claims, damages, liability and court awards including costs, 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 lerms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees 10 comply with the letter and spirit of the Colorado Anlidiscrimination Act of 1951, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement VoL), and as required by Execulive Order, Equal Opportunity and Atlinnative Action. dated April 16, 1915. Pursuant lherelO. the following provisions shaJl be conlained i" aJl Slale conlracts or sub-contracts. During the perfonnance of this contract. the contractor agrees as follows: (1) The contractor will n()t discriminate against any employee or applicant tor employment because of race, creed. color, national origin, sex, marital status, religion, ancestry, mental or physical handicap. or age. The contractor will take atlinnative action to insure that applicants are employed. and that employees are treated during employment. without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment. upgrading, demotion. or transfer, recruitment or recruiunent advertising; lay-olrs or terminations: rates of payor other forms of compensation; and selec- tion for training. including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. notices to be provided by the contracting ol11cer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitalions or advertisements for employees placed by or on behalf of the contractor, state [hat 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 understanding, notice to be provided by the contracting olncer, advising the labor union Or workers' representative of the contractor's commiltment under the Executive Order, Equal Oppol1unity and Affirmative Action, dated April 16, 1975, and ofthc rules, regulations, and relevant Orders of the Governor. (4) The contrnctvr and labor unions will furnish all information and repom required by Executive Order, Equal Opportunity and Allirmati\"e Action of April 16, 1915, and by the rules, regulations and Orders of the Governor. or pursuant thereto. and will pennit access to his books, records, and accounts by the con- tracting agency and the ortice of the Governor or his designee for purposes of investigation to ascertain compliance with such rules. regulations ~~d orders. (5 J A labor organization will nO! l:xclude any individual otherwise qualified from full membership rights in such labor organilation, or expel any such individual from membership in such labor organization or dis- criminate against any of its members in the full enjoyment of work opponunity, because of race, creed, .:olor, sex. national origin. or ancestry. (6) A labor organization, or tht:: employees or members thereof will not aid, abet. incite, compel or coerce the doing of any act delined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or altempt, either directly or indirectly, to commit any acl detined in this contract to be discriminalory. 395,53,01,1022 Revised 11-85 page _ 3_ of ~L pages