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SPECIAL PROVISIONS
<br />CONTROLLER'S APPROVAL
<br />This contract shall not be deemed valid until it shall have been approved by the Controller of the State
<br />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 payable after the current fiscal year are contingent upon funds for
<br />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, erection,
<br />repair, maintenance, or improvement of. any building, road, bridge, viaduct, tunnel, excavation or other
<br />public works for this State, the contractor shall, before entering the performance of any such work
<br />included in this contract, duly execute and deliver to and file with the official whose signature appears
<br />below for the State, a good and sufficient bond or other acceptable surety to be approved by said
<br />official in a penal sum not less than one-half of the total amount payable by the terms of this contract.
<br />Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful
<br />performance of the contract, and in addition, shall provide that if the contractor or his subcontractors
<br />fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies
<br />used or consumed by such contractor or his subcontractor in performance of the work contracted to
<br />be done, the surety will pay the same in an amount not exceeding the sum specified in the bond,
<br />together with interest at the rate of eight percent per annum. Unless such bond, when so required,
<br />is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be
<br />audited, allowed or paid. A certified or cashier's check or a bank money order payable to the
<br />Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance
<br />with 38-26-106 CRS.
<br />TION .
<br />4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
<br />employees and agents, against any and all claims, damages, liability and court awards including casts,
<br />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, also including
<br />but not limited to any damage caused to railroad track of Rio Grande Railroad.
<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 />(2434-402, CRSI, and as required by Executive Order, Equal Opportunity and Affirmative Action,
<br />dated April 16, 1975. Pursuant thereto, the /o/%wing provisions sha// be contained in a// State
<br />contract ar sub-contracts.
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