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SPECIAL PROVISIONS
<br /> CON 'OLLER'SAPPROVAL
<br /> 1 . This contract shall not be deemed valid until it shall have been approved by the Controller
<br /> of the State of Colorado or such assistant as he may designate. This provision is
<br /> applicable to any contract 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
<br /> contingent upon funds for that purpose being appropriated,budgeted, and otherwise made
<br /> available.
<br /> BOND REQUIREMENT
<br /> 3. If this contract involves the payment of more than fifty thousand dollars for the
<br /> construction, erection, repair, maintenance, or improvement of any building, road,bridge,
<br /> viaduct, tunnel, excavation or other public work for this State, the contractor shall, before
<br /> entering upon the performance of any such work included in this contract, duly execute
<br /> and deliver to the State official who will sign the contract, a good and sufficient bond or
<br /> other acceptable surety to be approved by said official in a penal sum not less than
<br /> one-half of the total amount payable by the terms of this contract. Such bond shall be duly
<br /> executed by a qualified corporate surety conditioned upon the faithful performance of the
<br /> contract and in addition, shall provide that if the contractor or his subcontractors fail to
<br /> duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other
<br /> supplies used or consumed by such contractor or his subcontractor in performance of the
<br /> work contracted to be done or falls to pay any person who supplies rental machinery,
<br /> tools, or equipment in the prosecution of the work the surety will pay the same in an
<br /> amount not exceeding the sum specified in the bond, together with interest at the rate of
<br /> eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in
<br /> favor of the contractor arising under such contract shall be audited, allowed or paid. A
<br /> certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br /> Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS
<br /> 38-26-106.
<br /> IND A IFICATION
<br /> 4 To the extent authorized by law, the contractor shall indemnify, save, and hold
<br /> harmless the State, its employees and agents, against any and all claims, damages,
<br /> liability and court awards including costs, expenses, and attorney fees incurred as a
<br /> result of any act or omission by the contractor, or its employees, agents, subcontractors,
<br /> or assignees pursuant to the terms of this contract.
<br /> DIS1 ' MINATIONAND AFFIRMATIVE ACTION
<br /> . The contractor agrees to comply with the letter and spirit of the Colorado
<br /> Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br /> 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.
<br /> Pursuant thereto, the following provisions shall be contained in all State contracts or
<br /> sub-contracts.
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