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D. Special arovisions (1993 version) <br />1. Controller's approval. This contract shall not be deemed valid until it shall have been approved by the <br />Controller of tl ie State of Colorado or such assistant as he may designate. This provision is applicable to any <br />contract invoh ing the payment of money by the STATE. <br />2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year <br />are contingen4 upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br />3. Bond equirement. If this contract involves the payment of more than fifty thousand dollars for the <br />construction, 3rection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, <br />excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon the performance <br />of any such work included in this contract, duly execute and deliver to the STATE official who will sign the <br />contract, a go d and sufficient bond or other acceptable surety to be approved by said official in a penal sum <br />not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly <br />executed by i qualified corporate surety conditioned upon the faithful performance of the contract and in <br />addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, <br />team hire, su tenance, provisions, provendor or other supplies useq or consumed by such CONTRACTOR or his <br />ft <br />subcontracto du <br />in performance of the work contracted to lje ne orisY, pay any person who supplies rental <br />machinery, tC DIS, or equipment in the prosecution of t "e Wok t su y will pay the same in an amount not <br />exceeding th sum specified in the bond, together witht Frftrc st to of eight per cent per annum. Unless <br />such bond is Bxecuted, delivered and filed, no claim ' r ONTRACTOR arising under such contract <br />shall be audi ed, allowed or paid. A certified or is or a bank money order payable to the <br />Treasurer of he State of Colorado may be acce ieu #:'a,",,,bond. This provision is in compliance with <br />C.R.S. 38-26-106. <br />4. Inder inification. To the extent authorized by l6v;-ttle CONTRACTOR shall indemnify, save, and hold <br />harmless the PTATE, its employees and agents, against any'and all claims, damages, liability and court awards <br />including costs, expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, <br />or its employloes, agents, subcontractors, or assignees pursuant to the terms of this contract: <br />5. Disc imination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of <br />the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination <br />and unfair er iployment practices (C.R.S. 24 -34 -402), and as required by Executive Order, Equal Opportunity <br />and Affirmat ve Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained <br />in a# STATE e ontracts or sub - contracts. <br />During tCe performance of this contract, the CONTRACTOR agrees as follows: <br />a. I he CONTRACTOR will not discriminate against any employee or applicant for employment because <br />of r ice, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical <br />hani licap, or age. The CONTRACTOR will take affirmative action to insure that applicants are employed, <br />and that employees are treated during employment, without regard to the above mentioned <br />chai acteristics. Such action shall include, but not be limited to the following: employment upgrading, <br />de tion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay <br />or o her forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR <br />agr es to post in conspicuous places, available to employees and applicants for employment, notices <br />to be provided by the contracting officer setting forth provisions of this non - discrimination clause. <br />b. rhe CONTRACTOR Will, in all solicitations or advertisements for employees placed by or on behalf <br />oft ie CONTRACTOR, state that all qualified applicants will receive consideration for employment without <br />reg ird to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical <br />han Jicap, or age. <br />Orchard IV asa Irrigation District & Page 10 of 12 Loan Contract <br />Mutual M sa Lateral Enterprise <br />