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2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal
<br />year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />available.
<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,
<br />tunnel, excavation or other public work for this STATE, the CorvT~,cTOR shall, before entering upon
<br />the performance of any such work included in this contract, duly execute and deliver to the STATE
<br />official who will sign the contract, a good and sufficient bond or other acceptable surety to be
<br />approved by said official in a penal sum not less than one-half of the total amount payable by the
<br />terms of this contract. Such bond shall be duly executed by a qualified corporate surety
<br />conditioned upon the faithful performance of the contract and in addition, shall provide that if the
<br />Co-vTRacTOR or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance,
<br />provisions, provender 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
<br />supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the
<br />same in an amount not exceeding the sum specified in the bond, together with interest at the rate
<br />of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of
<br />the CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or
<br />cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be
<br />accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106.
<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and
<br />hold harmless the STATE, its employees and agents, against any and all claims, damages, liability
<br />and court awards including costs, expenses, and attorney fees incurred as a result of any act or
<br />omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to
<br />the terms of this contract.
<br />5. Discrimination and affirmative action. The CoNTRacTOR agrees to comply with the letter and
<br />spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
<br />respecting discrimination and unfair employment practices (C.R.S. 24-34-402), and as required by
<br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto,
<br />the following provisions shall be contained in all Sr,aTE contracts or sub-contracts.
<br />During the performance of this contract, the CotvTw~,cTOR agrees as follows:
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment
<br />because of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or
<br />physical handicap, or age. The CONTRACTOR will take affirmative action to insure that
<br />applicants are employed, and that employees are treated during employment, without regard to
<br />the above mentioned characteristics. Such action shall include, but not be limited to the
<br />following: employment upgrading, demotion, or transfer, recruitment or recruitment
<br />advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and
<br />selection for training, including apprenticeship. The CONTRACTOR agrees to post in
<br />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
<br />behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for
<br />employment without regard to race, creed, color, national origin, sex, martial status, religion,
<br />ancestry, mental or physical handicap, or age.
<br />c. The CoNT~CTOR will send to each labor union or representative of workers with which he has
<br />a collective bargaining agreement or other contract or understanding, notice to be provided by
<br />The Excelsior Irrigating Company Page 10 of 12 Loan Contract
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