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'." FDrm 6..CoOZS "~ ):CIAL PROVISIONS-~ ) CONTltOLLER'S MPROVAL 1, This conrr3clshalJ not be deemed valid until it shall have beell 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 Stale. FUND AVAILABILITY 2. financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose beint appropriated, budgeled and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the consUllction. erection, repair, maintenance, or improvement of any building. road. bridge, viaduct. tunnel. excavation or other public works for this State, the contractor shall, before emering the perfonnance 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 teims of this contract Such bOnd shall be duly executed b}' a qualified corporate surety, conditioned for the due and faithful perfonnance of r.he contract. and in addition. shall provide that if the contractor or his subcontractors fail to duly pay for any la11Or, materials, team hire, Sustenance, pro- visions, provendor or other supplies used or consumed by such contractor or his subcontractor in perfonnance 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 .50 required, is executed, delivered and tiled. 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 ill compliance with 38-26-106 CRS, as amended INDEMNIFICATION 4. To the extent authorized by law. the contractor shall indemnify. save and hold hannless the State. its employees and aB-ents. against any and all claims, damages, liability and COUrt awards inclUding costs. expenses, and anomey fees incurred as a result of any act or omission by the contractor, or itS employees, ag.ents, subcon- tractors, or assignees pJ.1rsuant to the tenns of this contract.. DlSCRlMI.NATION A.ND AmRMATlVE ACTION 5. The Contractor agrees to comply with the lener and spirit of the Colorado Antidiscrimination Act of 1957, as amended. and other applicable Jaw respecting discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vol.). and as required by Executive Order. Equal Opportunity and Affirmative Action, dated Aprill6. 1975. Pursuanllnerezo, Ihejollowing prol'isions shall be conrained in all Slale conirac!S or sub-coruracu. During the performance of this comract. the COlltraclDr agrees as follows: (1) 'The contractor will nm discriminate against any employee or applicam for employmcn because of race, creed. color. national origin. seX. marital status.'religion. afIcestT)'. mental or physical handicap, or age. The contractor will take affmnative 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: emplo)-'menL upgradiflg. demotion. or transfer. recruionent or recruitment advenising: lay-ofTs or terminations: rates of payor other tonns of compensation: and selec- tion for training.. including apprenticeship. The contraclor agrees to-poSt in conspicuous places. available to employees and applicams for employment.. notices to be provided b)-' the contracting officer seuing forth provisions of this non-discriminaLion clause, (2) The contractor ",-ill. in all solicitations or advenisemenlS for employees placed by or on behalf of the contractor. Slate that all qualified applicants will receive consideration for employment without regard to race. creed, color. national origin, sex, marital status. religion. ancestry. mental or ph~'sical handicap, or age. (3) The comractorwill send to each labor union or represenlative of workers with which he" has collective bargaining agreement or other COntfact or understanding.. notice to be provided by the contracting officer, advising the Jabor union or workers' representative of the contractor's committment under the Executive Order. Equal Opportunity and Affinn!ltive Action. dated April 16. 1975. and of the rules. regulations. and relevant Orders of the Governor, (4) The contractor and labor unions will furnish all information atld reports required by Executive Order, Equal Opponunity and Affinnative 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 age-ncy and the office of the Governor or his designee for purposes of investigation to ascertain compiiance with such rules. regulatia:ns and orders. (5) A Jabor organization will not exclude any individual otherwise qualified from full membership rights in such Jabor organization. or expel an~' such individual (rom r.lembership in such labor organization or dis- criminate against any ofilS members in the full enjoyment of work opportunity, because of race, creed. color. sex. national origin. or ancestry. 1'6) A labor organization. or the employees or members thereof wi1l not aid. abet. incite. compel or coerce the doinl! of any aCI defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued tl1ereunder. or attempt, either directly or indirectly, to commit any act defined in this COntracl to be discriminatory. 395-53-01-1022 Revised 11-85 page ----L- of ~ pages