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State of Colorado's S ecial Provisions
<br />CONTROLLER'S APPROVAL
<br />ATTACHMENT C
<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the
<br />State of Colorado or such assistant as he may designate. This provision is applicable to any contract
<br />involving the payment of money by the State.
<br />FUND AVAILABILITY
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent
<br />upon funds for that 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,
<br />erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel,
<br />excavation or other public work for this State, the contractor shall, before entering upon the
<br />performance of any such work included in this contract, duly execute and deliver to the State official
<br />who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by
<br />said official in a penal sum not less than one-half of the total amount payable by the terms of this
<br />contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the
<br />faithful performance of the contract and in addition, shall provide that if the contractor or his
<br />subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor
<br />or other supplies used or consumed by such contractor or his subcontractor in performance of the
<br />work contracted to be done or fails to pay any person who supplies rental machinery, tools, or
<br />equipment in the prosecution of the work the surety will pay the same in an amount not exceeding
<br />the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless
<br />such bond is executed, delivered and filed, no claim in favor of the contractor arising under such
<br />contract shall be audited, allowed or paid. A certified or cashier=s check or a bank money order
<br />payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision
<br />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,
<br />its employees and agents, against any and all claims, damages, liability and court awards including
<br />costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its
<br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of
<br />1957, as amended, and other applicable law respecting discrimination and unfair employment practices
<br />(CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action,
<br />dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State
<br />contYacts or sub-contracts.
<br />During the performance of this contract, the contractor agrees as follows:
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