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ATTACHMENT C <br />Sfate of Cotorado's Special Provisions <br />(:ONTROLLER'S APPROVAL <br />1. This contract shall not be deemed valid until it sha(1 have been approved by the Controller of the State of Colorado or <br />such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the <br />.. ....... . .. ..State. . <br />1=UND AVAILAB/L/TY <br />2. Financial obligations of the State of Colorado payable afrer the current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted, and otherwise made available. <br />30ND REQUlREMENT <br />3.If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, <br />or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor <br />shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State <br />official who will si' an the contract, a good and sufficient bond or other acceptable surery to be approved by said official in a <br />penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed <br />by a qualified corporate surery conditioned upon the faitnful performance of the contract and in addition, shall provide that if <br />the con[ractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or <br />other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or <br />fails to pay any person who suPplies fental machinery, tools, or equipment in the prosecution of the work the surety will pay <br />the same in an amount not exceeding the sum specified in the bond, toget6er with interest at the rate of eight per cent per <br />annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract <br />shall be audited, allowed or paid. A certified or cashier's check or a bank- money order payable to the Treasurer of the State <br />of Colorado may be accepted in lieu of a bond.. This provision is in compliance with CRS 35-26-106. <br />INDEMNfF/CATlON <br />4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and <br />aQents, against any and all claims, damages, liabiliry and court awards including costs, expenses, and attorney fees incurred <br />as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the <br />terms of this contract. <br />DlSCRIMINATIDN AND AFFIRMATIVE ACTION <br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, <br />and other applicable law respectin; discrimination and unfair employment practices (CRS 24-34-402), and as required by <br />Executive Order, Equa! Opportunit), and Affirmative Action, dated April 16, 1975. Pursuanr rherero, the jo!lowi„g <br />provrsions s17a11 be contained in all State contracts or su6-conlracts. <br />During the performance of this contract, the contractor agrees as follows: . <br />(a) The contractor will.not discriminate against any employee or applicant for employment because of race, creed, color, <br />national origin, sex, marital status, reli-ion, ancestrv, mental or physical handicap, or aae. The contractor witl take <br />affirmative accion to insure that applicants are employed, and that empEoyees are treated during employment, without <br />recard to the above mentioned characteristics. Such action shall include, but not be limited to the followin;: <br />employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of <br />pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post <br />in conspicuous places, availabie to employees and applicants for employment, notices to be provided by the contractin` <br />offieer sectin- forth provisions of this non-discrimination clause.