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Form6.AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall nOl 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 pay- ment of money by the State. FUND AVAILABIUTY 2. Financial obligations of the Slate payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction. erec'tion, repair. maintenance. or improvement of any building. road. bridge, viaduct. tunnel. excavation or other public works for this State. the contractor snail. before entering the performance of any such work included in this con- tract. 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 one- half of the total amount payable by the tenns of this contract. Such bond shall be duly executed by a qualified corporate surety, 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. pro- visions. 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 the 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 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 contractor shall indemnify. save and hold harmless the State. its employees and agents. against any and all claims. damages. liability and coun 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 terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting discrimination and unfair employment practices (24.34-402. CRS 1982 Replacement VoL), and as required by Executive Order. Equal OpponunilY and Affirmative Action, dated April 16, 1975. Pursuant therelO. the folio wing provisions shalf be contained in ali State contracts or su!rcontracts. During the performance of this contract, the contractor agrees as follows: (1) 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 affinnative 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. recruiunent or recruiunent advenising: lay-offs or tenninations: rates of payor other fonns 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 officer seuing fonh provisions of this non-discrimination clause. (2) The contractor will. in all solicitations or advenisements for employees placed by or on behalf of the contractor. state mat 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 collectjve bargaining agreemem or other contract or understanding, notice to be provided by the contracting officer. advising the labor union or workers' representative of the contractor's commnunent under the Executive Order. Equal Opponunity and Affirmative Action. dated April 16. 1975. and of the rules. regulations. and relevant Orders of the Governor. (4l The contractor and labor unions will furnish all information and repom required by Executive 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 con- tracting agency and the office of the Governor or his designee for purposes of investigation to ascellain compliance with such rules. regulations and orders. (5) A labor organization wjll not exclude any individual otherwise qualified from iull membership rights in such labor organization. or expel any such individual from membership in such labor organization or dis- crimmate against any of its members zn the full enjoyment of work opportunity. because of race. creed. color. sex. nalional origin. or ancestry. (6) A labor organization. or the employees or members thereof will nOl aid. abet. incite. compel or coerce the doing of any act delined in {his comract 10 be discriminalory or obsU'Uct or prevent any person from complying with the provisions of this contract or any order issued thereunder: or attempt. euher directly or indirectly. to commit any aCl defined in this contract to be discnmznalOry. 395.53-01-1011 Revised II.R:, 4 5 page _ of _ pages