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<br />D. Special provisions (1993 versionl
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<br />1. Controller's approval. This contract shall not be deemed valid until it shall have been approved by the
<br />Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any
<br />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 fiscal year
<br />are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
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<br />3. Bond requirement. If this contract involves the payment of more than fifty thousand dollars for the
<br />construction, erection, 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 good 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 a 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 hir!" 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 rental
<br />machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not
<br />exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless
<br />such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract
<br />shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the
<br />Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with
<br />C.R.S. 38-26-106.
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<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold
<br />harmless the STATE, 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 employees, agents, 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 letter and spirit of
<br />the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination
<br />and unfair employment practices (C.R.S. 24.34-402), and as required by Executive Order, Equal Opportunity
<br />and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained
<br />in all STA TE 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 employment because
<br />of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical
<br />handicap, 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 />characteristics. Such action shall include, but not be limited to the following: employment upgrading,
<br />demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay
<br />or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR
<br />agrees 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.
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<br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf
<br />of 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.
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<br />Orchard Mesa Irrigation District &
<br />Mutual Mesa lateral Enterprise
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