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D. Special provisions (1993 version)
<br />1. Controller's Approval. This contract shall not be deemed valid until it shail have been approved by the
<br />Controller of the State of Colorado or such assistant as he may designate. This provision is applicable
<br />to any contract involving the payment of money by the Srnre.
<br />2. Fund Avaiiability. 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 othenvise made
<br />available.
<br />3. Bond Requirement. If this contract involves the payment of more than fifty thousand doliars for the
<br />construction, erection, repair, maintenance, or improvement any building, road, bridge, viaduct,
<br />tunnel, excavation or other public work for this S7arE, the CoNTRnCTOR shall, before entering upon the
<br />performance of any such work inciuded in this contract, duly execute and deliver to the STATe o�cial
<br />who wiil sign the contract, a good and sufficient bond or other acceptable surety to be approved by said
<br />o�cial in a penal sum not less than one-haif of the totai amount payable by the tertns of this contract.
<br />Such bond .shall be duly executed by a qualified corporate surety conditioned upon the faithful
<br />performance of the contract and in addition, shall provide that if the CotarRa.CTOR or his subcontractors
<br />fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other suppiies
<br />used or consumed by such CoNTFtacTOR or his subcontractor in performance of the work contracted to
<br />be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution
<br />of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,
<br />together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered
<br />and filed, no claim in favor of the CoNTRa,cTOR atising under such contract shall be audited, allowed or
<br />paid. A certified or cashier's check.or a bank money order payabie to the Treasurer of the State of
<br />Colorado may be accepted in lieu of a bond. This provision is in compiiance with C.R.S. 38-26-106.
<br />4. Indemnification. To the extent authorized by law, the CoNTt�a,croR shail indemnify, save, and hold
<br />harmless the Srare, its employees and agents, against any and all claims, damages, liability and court
<br />awards inciuding costs, expenses, and attomey fees incurced as a result of any act or omission by the
<br />CONTRACTOR or its employees, agents, subcontrectors, or assignees pursuant to the terms of this
<br />contract. '
<br />5. Discrimination And Affirmative Action. The CorvrRa,CTOR agrees to comply with the letter and spirit
<br />of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair employment practices (C.R.S. 24-34-402), and as required by Executive
<br />Order, Equal Opportunity and A�rtnative Action, dated April 16, 1975. Pursuant thereto, the following
<br />provisions shall be contained in all SraTe contracfs or sub-contracts.
<br />During the performance of this contract, the CoNTw+CTOR agrees as follows:
<br />a. The CoNTtiacTOR wili not discriminate against any employee or applicant for empioyment because
<br />of race, creed, color, nationai origin, sex, martial status, religion, ancestry, mental or physical
<br />handicap, or age. The CorvTw�CroR wili take affirmative action to insure that applicants are
<br />employed, and that employees are treated during employment, without regard to the a6ove
<br />mentioned characteristics. Such action shali include, but not be limited to the following:
<br />employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or
<br />terminations; rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship. The CoNrRacroR agrees to post in conspicuous places, available to empioyees
<br />and applicants for employment, notices to be provided by the contracting o�cer setting forth
<br />provisions of this non-discrimination clause.
<br />b. Th2 CONTRACTOR WIII in ail soiicitations or advertisements for employees placed by or on behalf of
<br />the CoNTRacTOR, state that all qu2lified applic2nts wil! receive consideratior, for employment
<br />without regard to race, creed, color, national origin, 5ex, martial status, religion, ancestry, mental or
<br />Summit Reservoir & Irrigation Company Page 9 of 11 Loan Contract
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