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<br />State of Colorado's S.pecial Provis'tons <br />CONTROLLER'SAPPROVAL <br />ATTACHMENT C <br />1. This contract shal( not be deemed valid until it shall 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 />FUND AVAILABILITY <br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted, and otherwise made available. <br />BOND REQUIREMENT <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 sign the contract, a good and sufficient bond or other acceptable surety 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 sha11 be duly executed <br />by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if <br />the contractor 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 rental machinery, tools, or equipment in the prosecution of the work the surety will pay <br />the same in an amouat not exceeding the sum specified in the bond, together 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 38-26-106. <br />INDEMNIFICATION <br />4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, Liability 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 />DISCRIM/NATION AND AFFIRMATlVE 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 faw respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by <br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the jollowing <br />provisions shall be contained in all State contracts or sub-contracts. <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, religion, ancestry, mental or physical handicap, or age. T'he contractor will take <br />affirmative action to insure that applicants are employed, and that employees are treated during employment, without <br />regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: <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, available to empioyees and applicants for employment, notices to be provided by the contracting <br />officer setting forth provisions of this non-discrimination clause. <br />Page 14 of 26