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<br />D, Special provisions (1997 version)
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<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,
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<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,
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<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 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,RS, 38-26-106,
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<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
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<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,RS, 24-34-
<br />402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated
<br />April 16, 1975, Pursuant thereto, the fol/owing provisions shal/ be contained in al/ STA TE
<br />contracts or sub-contracts,
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<br />During the performance of this contract, the CONTRACTOR agrees as follows:
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<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
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<br />The Decker Lateral Company
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<br />Page 11 of 14
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<br />Loan Contract
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