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
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