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.- . SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This cootract shall not be deemed valid until it shall have been approved by the Controller of the Slale of Colorado or such assistant as he may designate. This provisi~n is applicable to any conlcilct involving the payment of money by the Stale. FUND A V A1LABILITY 2. Financial obligations of the State of Colorado payable after the currenl fisca.l year an: contingent upon Cunds for that purpose being appropriated. budgeted. and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more Ihan fifey thousand dollars" (or the construction. erection. repair. m.tinlenance, or improvement of any building. road. bridge. viaduct, tunnd. excavation or other public .....ork: for this State. the contractor shall. before entering upon che performance of any such work: included in this contract. duly execute and deliver co the State official who will sign the contracC. a good and sufficienc bond or other acceptable surety to be approved by said oCCicial in a penal sum not less Ihanone-half of the tocal amounC payable by the cerms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of che contract and in addition. shan provide that if the contractor or his subcontractors fail to duly pay (or any labor. materials. team hire. sustenance. provisions. provendor or ocher supplies used or consumed by such contractor or his subcontractor in perfonnance ofthe work: contracted to be done or fails to pay any person who supplies rental machinery, cools. or equipmenc in che prosecution of the work: the surety will pay the same in. an amount noC exceeding c.he sum specified in Ihe bc?nd. cogether with interest at the rate of eight per cent per.&Rnum. Unless such bond is executed. delivered. and filed. no claim in (avor of the contractor arising under such contracl shall be audiled.. allowl:d or paid. A certified or cashier', check: or a bank money order payable co Ihe Treasurer o( the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38.26.106. INDEMNIFICATION 4. To the extent-authorized by law. the contraclor shall indemnify. save. and hold humless the State. its employees and agents, against any and all claims. damages. liability and court awards including costs.. expenses. and attorney fees incurred as a result of any acC or omission by the contractof. or its employccs. agents. subcontractors. or assignees pursuant to the terms o( this contracL DISCRIMINATION AND AFFIRMATIVE ACTION S. The contractor agrees to comply with the letter and spirit 0.( the Colorado Antidiscrimination Act o( 19S7. as arne.oded. and ather applicable law r-..specting discrimination and unfair employment practices (CRS 24-34-402). and as required by Executive Order. Equal Opportunity and A(firmative Action. dated April 16. 1975. PurSUDnt thueto. the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract. the contractor agrees as follows: ) (a) The contractor will not.discriminate against any.employee or applicant for employment because of race. creed. color. natlonal origin. sex. marital status. religion. ancesuy. mental or physical handicap. or age. The contractor win take affinnative action to insure that applicants are employed. and that employees are treated during employment.. without regard to the above mentioned ct:wal:teristics. Such &e.tion shall.include. but not be liniited to the fonawing: employment upgrading. demotion. or tranSfer. recruitment or recruitment adveniSings; lay.offs or terminations; rates o( payor other forms of compensation; and selection for training. including apprenticeship. The contractor agrees to post in conspic:uous places. available to employees and applicants for employment. notices to be provided by (he contracting officer setting forth provisions of chis non-dis,:rimination clause. (b) The contraClor will. in al1 solicitations or advertisements for employees placed by or on behalf of th.e contractor. state that all qualified applicants will receive consideration fo:r employn.ent without regard co C3:ce. creed. color. national oriJ:in..sex. marital $tatu5. religion. ancestry. mental or physical handicap. or age. (c) The contractor will send to each labor union or representative.o( workers with which he has a collective bargaining agreement or other contract or understanding. notice to be provided-by Ihe contracting officer. advising the tabor union or workers' representative of the contraclOr's commitment under the Executive Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. and of the rules. regulations. and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required b:1 Executive Order. Equal Opportunity and Affirmative Action of April l6. 1975. and by the rules. regulations and Orders of the Governor. or pursuant chen:to. and will permit access to his books. records. and accounts by the contracting agency and the office of the Govemor or his designee for purposcs of investigation to ascertain compliance wilh such rules. regul~tions and orders. (e) A labor organization \.\:ilfnotexclude any individual otherwise qualified (rom full membership rights in such larororganizaliof!. orckpel any <;uch individual from membership in such labororganiution or discriminate against any of its members in the full enjoymer.t of work opponunilY b<.:.C3Use of race. creed, color, sex. national origin. or ancestry. co A labor organization. or the employees or members thereof will not aid. abet. incite. compel or coerce the doing of an)' an Jdined in thi~ contract to be discriminatory or obstrucl or prevent any perSon from complying with the provisions of this contract or any order issued thereun;l.:r: or allempt. either directly or indirectly. 10 commit any act defined in this contraCl to be discriminatory. Fonn 6-AC-0'2B Revised 119] 395.53-01.1022 I; pJ!;C_O! 7 p3~es