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D. Special provisions (1997 version)
<br /> 1. Controller's Approval. This contract shall not be deemed valid until it shall have been
<br /> approved by the Controller of the State of Colorado or such assistant as he may designate.
<br /> This provision is applicable to any contract involving the payment of money by the STATE.
<br /> 2. Fund Availability. Financial obligations of the State of Colorado payable after the current
<br /> fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
<br /> otherwise made available.
<br /> 3. Bond Requirement. If this contract involves the payment of more than fifty thousand
<br /> dollars for the construction, erection, repair, maintenance, or improvement of any building,
<br /> road, bridge, viaduct, tunnel, excavation or other public work for this STATE, the
<br /> CONTRACTOR shall, before entering upon the performance of any such work included in this
<br /> contract, duly execute and deliver to the STATE official who will sign the contract, a good
<br /> and sufficient bond or other acceptable surety to be approved by said official in a penal
<br /> sum not less than one-half of the total amount payable by the terms of this contract. Such
<br /> bond shall be duly executed by a qualified corporate surety conditioned upon the faithful
<br /> 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,
<br /> provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor
<br /> in performance of the work contracted to be done or fails to pay any person who supplies
<br /> rental machinery, tools, or equipment in the prosecution of the work the surety will pay the
<br /> same in an amount not exceeding irklitDsplitti€Fijh bond, together with interest at
<br /> the rate of eight per cent per annum. Unless such bond is executed, delivered and filed,
<br /> no claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed
<br /> or paid. A certified or cashier's check or a bank money order payable to the Treasurer of
<br /> the State of Colorado may be accepted in lieu of a bond. This provision is in compliance
<br /> with C.R.S. 38-26-106.
<br /> 4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save,
<br /> and hold harmless the STATE, its employees and agents, against any and all claims,
<br /> 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,
<br /> subcontractors, or assignees pursuant to the terms of this contract.
<br /> 5. Discrimination And Affirmative Action. The CONTRACTOR agrees to comply with the
<br /> letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other
<br /> applicable law respecting discrimination and unfair employment practices (C.R.S. 24-34-
<br /> 402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated
<br /> April 16, 1975. Pursuant thereto, the following provisions shall be contained in all STATE
<br /> 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
<br /> employment because of race, creed, color, national origin, sex, martial status, religion,
<br /> ancestry, mental or physical handicap, or age. The CONTRACTOR will take affirmative
<br /> The Decker Lateral Company Page 11 of 14 Loan Contract
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