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<br />The parties agree that the Project is not a public work for purposes of Special Provision No.3.
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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.
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<br />Controller' 5 Approval
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<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.
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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 contingent upon funds
<br />for that purpose being appropriated, budgeted, and otherwise 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 construction, erection, repair,
<br />maintenance, or improvement ot any building, rm,d, bridge, viaduct, tunnel, excavation or other public work for
<br />this STATE, the CONTRACTOR shall, betore entering upon the performance ot any such work included in this
<br />contract, duly execute and deliver to the STATE official who will sign the contract, a good and sufficient bond or
<br />other acceptable surety to be approved by said official in a penal sum not less than one-half of the total
<br />amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
<br />surety conditioned upon the faithful performance ot the contract and in addition, shall provide that if the
<br />CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions,
<br />provendor or other supplies used or consumed ~y such CONTRACTOR or his subcontractor in performance of
<br />the work contracted to be done or tails to pay any person who supplies rental machinery, tools, or equipment
<br />in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in
<br />the bond, together with interest at the rate ot eight per cent per annum. Unless such bond is executed,
<br />delivered and filed, no claim in favor ot the CONTRAOTOR arising under such contract shall. be audited, allowed
<br />or paid. A certified or cashier's check or a bllnk money order payable to the Treasurer of the State of
<br />Colorado may be accepted in lieu of a bond. This provision is in compliance 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 indemnity, save, and hold harmless the STATE, its
<br />employees and agents, against any and all cl~ims, 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 employees,
<br />agents, subcontractors, or assignees pursuant to the terms of this contract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The CONTRAOTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as
<br />amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. 24-34-
<br />402), and as required by Executive Order, EqUlll Opportunity and Affirmative Action, dated April 16, 1975.
<br />Pursuant thereto, the following provisions shall be contained in all STATE confracts or sub-contracts.
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<br />During the performance of this contract, the CONfRACTOR agrees as follows:
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<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, or
<br />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. Such
<br />action shall include, but not be limited to the tollowing: employment upgrading, demotion, or transfer,
<br />recruitment or recruitment advertisings; 11ly-offs or terminations: rates ot payor other forms of
<br />compensation: and selection for training, including apprenticeship. The CONTRAOTOR agrees to post in
<br />conspicuous places, available to employees ~nd applicants tor employment, notices to be provided by the
<br />contracting officer setting torth provisions of this non-discrimination clause.
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<br />Julesburg Irrigation District
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<br />Page 10 of 12
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<br />Loan Contract
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