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~~L ~_. nr. 4AGOZa 6PECIAI. PROVISIONS CONTROLLEA'SAPPROVAL 1. This contras shall not be deemed valid until it chaff have been approved by the Controller of the State of Colorado or such assistant ss he may designate. 'fhia provision is applicable to my contract involving the pay- ment of awney by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND SEQUIREMENT 3. ff this contras involves the payment of more than fifty thousand dollars for the conswsioq ercsioq repair, maintenance, or ~provemrnt of any building, road, bridge, viadus, tunnel, excavation or other public works for this Stan, the conrasor shall, before enuring the performance of any each 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 sad sufficient bond tx other accepubk eatery to be approved by said o6cial is a penal cum not kss than ono- half of the total amount payable by the terms of this mntras. Such bond shall be duly executed by a qualified «xporate surety, cooditiened for the due and faithful perforrmna of the contras, sad in additioq shall provide that if the contractor or hic subcontractors fail to duly pay for any labor, materials, team Eire, susteamce, pro- visions, provendor or other supplies used or eoosumed by such eoatractor or his wboontnctor m performance oC the work contrased to be done, the surety will pay the same in as amount not exceeding the sum specified in the hood, together with interest at the rate at eight per amt per annum. Unless such bond, when so required, is executed, delivered sad filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A xrified or cashier't check or ^ bank money order payable to the Treasurer of the Sate of Colorado may be accepted in lieu of a bond. This provision is in oomp6anx with 38-2106 CRS, as amended INDEMNIFICATION 4. To the extent authorized by few, the conrasor shall indemnify, save and hold harmless the State, its employees and agenu, against any and all claims, damages, liability and court awards including costs, expenses, and atiomey fees incurred as a result of any act or omission by the contractor, or iu employees, agenu, subcon- tractors, or assignees pursuant w the terms of this convas. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The convector agrees to comply with the letur and spirit o(the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (2434402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Atf rttativc Asion, dated April 16, 1975. Pursuant [hereto, the jollowir~ provisions shall be cron[ained in al! Starr contmcu or su~conrracts. During the performance of this convect, the convector agrees as follows (1) The convector 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 convector will take affirmative action to insure that applicants are employed, and that employees are ueated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or vansfer, recruitment or recruitment advenising; lay-offs or urminations; razes of pay or other forms of wmpensation; and selec- tion for training, including apprenticeship. The convasor agrees to post in conspicuous places, available w employees and applicsnu for employment, notices to be provided by the convecting officer carting forth provisions of this non-diurirnination clatrse. (2) The cootrssor will, in all solicitations or advertisemenu for employees placed by or on behalf of the convector, sate that all qualified applicanu will receive consideration for employment without regard to race, seed, color, national origiq sex, marital status, rctigioq ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or rcprcsentative of workers with which he has collesive bargaining agreement or other contract or understanding, notice to be provided by the oonvasing officer, advising the labor union of workers' representative of the contractor a committmrnt under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16,1975, and tithe talcs, regulations, and relevant Orders of the Governor. (4) The cartrasor and labs unions will famish all information and reports required by Exccutve Order, Egad Opportunity and Affumative Action of April 16, 1975, and by the rules, regulations and Orden of the Governor, or pursuant thereto, and will permit access to his hooka, records, and accounu by the con- trading agency and the offia of the Governor or his designee for proposes of investigation to ascertain compliance with each rules, regulations and orders. (5) A Labor organization will not exclude any individual otherwise qualified from full membership righu in such labor organizatioq or expel any each individual from membership in such labor organization or dis criminate against any of its members in the full enjoyment of work opportunity, because of race, aced, color, sex, national origin, or ancestry. (t5) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any ad defined in this convect to be discriminatory or obsess or prevent any person from complying with the provisions of this convas or any order issued thereunder, or attempt, either diresly or iadircsly, to commit any act defined in this convect to be discriminatory. 395-53-0I-1022 t 2 ,. ,. Revised 1 1-BS PBgc --- °f '- Wges E Y.N I B I T D ~a ._.