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SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not ~ deemed valid unlil it shall have been approved by the Controller of (he Slale of Colorado or such assislanl as he may designate. This provisi~n is applicable 10 any contract involving the payment of money by the Stale. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable .(ter 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 tban finy thousand dollars fOT the construction, erection. repair. maintenance. or improvement of any building, road. bridge. viaduct. lunnc:l. excavation or other public work (or this Slate. the contractor shall. before entering upon the performance of any such work. included in this connlct, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be: approved by said official in a penal sum nOlless than one-half of the total amount payable by the terms of this contraCL Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition. shan provide that if the contractor or his subcontractors fail to duly pay for any I.bor, materials, team hire. sustenance, provisions. provendor or other supplies used or consumed by such contr_ctoror his subcontractor in perfonnance of the worle connacted 10 be done or fails to pay any person who supplies rental machinery. tools. or equipment in the prosecution of the work the surety wilt pay the slme in an amount not exceeding tbe sum. specified in the bond. together with interest at the rate of eight per cent per annum, Unless such bond is executed. delivered. and filed, no claim in favor of the contractor arising .under sucb contract shan be audited. allowed or paid. A certified or cashier's check. or a banlc money order payable (0 che Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICA TlON 4. To the extent -authorized by law. the contractor sball indemnify. save, and hold harmless the Slate. its employees and agents. against any and all claims. damages. liability ~nd court awards including costS, expenses. and attorney (ees incurred a$ . result of any act or omission by the contractor. or its employees. agents. subcontractors, or assignees pursuant 10 the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION S. The contractor agrees 10 comply with the letter and spirit o( the Colorado Antidiscrimination Acl of 1957. as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34.402), and as required by Executive Order. Equ.1 Opportunity and Affinnalive AClion. dated April 16. 1975. PurslIOftllherelo. Ih~ following provisiolU shall In conlain~d in all S,au conlraCIS 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. national origin. sex. marital status, religion. ancestry, mental or physical handacap. or age. The contractor will take affirmative action to insure thai applicants are employed. and that employees arc treated dwing employment. without regard to the above mentioned. characteristics. Such action shall include. but oot be limited to the following: employment upgrading. demotion. or transfer, recruitment or recruitment advenisiogs: lay-offs or terminations: rates of pay 01 other forms of compensation: and selection 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 forth provisions of this non-discrimination clause, (b) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor. state thaI all qualified applicants will receive consideration f~remployn.ent without regard to ~ce. creed. color. nalional origin. sex. marital status, religion. ancestry. mental or physical handicap, .or age, (c) The contractor will send to each labor union Or representative of workers with which he has a collective bargaining agre~menl or other conlract or understanding. nOlice 10 be provided 'by the contracting officer. advising the labor 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. regulalions. and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports requirCd 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 booles. records. and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules. regulations and orders. (e) A labor organization will not exclude an)' individual otherwise qualified from full membership rights in such labor organizalion. ur cxpel any ..uch individual from membership in such labor organiz.ation or discriminate against any of its members in the full enjoyment of work opporlunity b.:C3Use of race, creed. color, sex. national origin. or ancestry. (f) A labor organization. or the employees or members thereof will not aid. abet. incile, compel or coerce the doing of an)' :lCI defined in this contract 10 be discriminatory or obstruct or prevent any person from complying with the provisions oflhis conlraCl or any order issued IhereunJa: or :1I1empt. either dire.:lly or indirectly. to commit an)' act defined in this contract 10 be discriminalOry Form 6-AC-02B Revised 1/93 395-53-01-1022 rhlge -1..L. or 13 ra~cs