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<br />Special Provisions in every STATE contract, including contracts for nonreimbursable
<br />expenditures,
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<br />Controller's Approval
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<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,
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<br />FUND AVAILABILITY
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<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
<br />made available,
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<br />BOND REQUIREMENT
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<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,
<br />before entering upon the performance of any such work included in this contract. duly
<br />execute and deliver to the STATE official who will sign the contract, a good and sufficient
<br />bond or other acceptable surety to be approved by said official in a penal sum not less
<br />than one-half of the total amount payable by the terms of this contract. Such bond shall
<br />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 the sum specified in the 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,
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<br />INDEMNIFICATION
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<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 result
<br />of any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or
<br />assignees pursuant to the terms of this contract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5, 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 (C,R.S, 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 $TA TE contracts or sub-
<br />contracts,
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