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<br />D. SPEC tAL PROVtSIONS (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's 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 AVAtLABILtTY
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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 REautREMENT
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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 of any building. ro<:ld, bridge, viaduct. tunnel, excavation or other public work
<br />for this STATE, the CONTRACTOR shall, before entering upon the performance of 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
<br />or 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 of 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 by such CONTRACTOR or his subcontractor in performance of
<br />the work contracted to be done or fails 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 of ei@ht per cent per annum. Unless such bond is executed.
<br />delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall be audited. allowed
<br />or paid, A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br />Colorado may be accepted in lieu of a bond. This j:lrovision is in compliance with C.R.S, 38-26-106.
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<br />INDEMNtFtCATtON
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<br />4. To the extent authorized by law, the CONTRACTO~ shall indemnify. save, and hold harmless the STATE, its
<br />employees and agents, against any and all clailns, 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 liursuant to the terms of this contract.
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<br />DtSCRtMINATtON AND AFFtRMATIVE ACTION
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<br />5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting oiscrimination and unfair employment practices (C,RS. 24-
<br />34-402), and as required by Executive Order, Equill Opportunity and Affirmative Action. dated April 16, 1975.
<br />Pursuant thereto, the following provisions shall be confained in all STA TE contracts or sub-contracfs,
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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 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 following: employment upgrading, demotion, or transfer.
<br />recruitment or recruitment advertisings; lay-Offs or terminations; rates of payor other forms of
<br />compensation; and selection for training. inCluding apprenticeship, The CONTRACTOR agrees to post in
<br />conspicuous places. available to employees and applicants for employment, notices to be provided by
<br />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 of the
<br />CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard
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<br />North Poudre Irri9ation Company
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<br />Loan Contract
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