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<br /> D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special
<br /> Provisions in every STATE contract, including grants.
<br /> Controller's Approval
<br /> 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
<br /> Colorado or such assistant as he may designate. This provision is applicable to any contract involving the
<br /> payment of money by the STATE.
<br /> FUND AVAILABILITY
<br /> 2. Financial obligations of the State of Colorado payable after the curre ar are contingent upon
<br /> funds for that purpose being appropriated, budgeted, an o s- ••.de available.
<br /> BOND REQUIREMENT
<br /> 3. If this contract involves the payment of more than fifty thousan• aoll o • truction, erection,
<br /> repair, maintenance, or improvement of any building, road, bridge, viaduc , • xcavation or other
<br /> public work for this STATE, the CONTRACTOR shall, before entering upon the performance of any such work
<br /> included in this 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 sum not less than
<br /> one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a
<br /> qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall
<br /> provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire,
<br /> sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR or his
<br /> subcontractor 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 same in an
<br /> amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per
<br /> annum. Unless such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising
<br /> under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money
<br /> order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision
<br /> is in compliance with C.R.S. 38-26-106.
<br /> INDEMNIFICATION
<br /> 4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its
<br /> employees and agents, against any and all claims, damages, liability and court awards including costs,
<br /> expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, or its
<br /> employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br /> DISCRIMINATION AND AFFIRMATIVE ACTION
<br /> 5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of
<br /> 1957, as amended, and other applicable law respecting discrimination and unfair employment practices
<br /> (C.R.S. 24-34-402), 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 contracts or sub-
<br /> 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 employment because of
<br /> race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap,
<br /> or age. The CONTRACTOR will take affirmative action to insure that applicants are employed, and that
<br /> employees are treated during employment, without regard to the above mentioned characteristics.
<br /> Such action shall include, but not be limited to the following: employment upgrading, demotion, or
<br /> transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms
<br /> of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to
<br /> post in conspicuous places, available to employees and applicants for employment, notices to be
<br /> provided by the contracting officer setting forth provisions of this non-discrimination clause.
<br /> b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of
<br /> the CONTRACTOR, state that all qualified applicants will receive consideration for employment without
<br /> regard to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical
<br /> handicap, or age.
<br /> c. The CONTRACTOR will send to each labor union or representative of workers with which he has a
<br /> Riverside Reservoir and Land Company Page 10 of 12 Loan Contract C150044
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