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State of Colorado's Special 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 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 shall 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 amount 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 />DISCRIMINATION 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 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 following
<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. The 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 employees and applicants for employment, notices to be provided by the contracting
<br />officer setting forth provisions of this non - discrimination clause.
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