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contingent upon funds for that purpose being appropriated, budgeted, and otherwise
<br />made available.
<br />Bond Requirement
<br />3. 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,
<br />viaduct, tunnel, excavation or other public work for this STATE, the ,CONTRACTOR shall,
<br />before entering upon the performance of any such work included in this contract, duly
<br />execute and deliver to the STaTE official who will sign the contract, a good and sufficient
<br />bond or other acceptable surety to be approved by said official in a penal sum not less
<br />than one-half of the total amount payable by the terms of this contract. Such bond shall
<br />be duly executed by a qualifred corporate surety conditioned upon the faithful performance
<br />of the contract and in addition, shall provide that if the CoNTRacTOR or his subcontractors
<br />fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or
<br />other supplies used or consumed by such CONTRACTOR or his subcontractor in
<br />performance of the work contracted to be done or fails to pay any person who supplies
<br />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
<br />the rate of eight per cent per annum. Unless such bond is executed, delivered and filed,
<br />no claim in favor of the CoNTw~croR 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
<br />the State of Colorado may be accepted in lieu of a bond. This provision is in compliance
<br />with C.R.S. 38-26-106.
<br />Indemnification
<br />a. To the extent authorized by law, the CONTRACTOR shaN indemnify, save, and hold
<br />harmless the STArE, its employees and agents, against any and all claims, damages,
<br />liability and court awards including costs, expenses, and attorney fees incurred as a result
<br />of any act or omission by th2 CONTRACTOR, or its employees, agents, subcontractors, or
<br />assignees pursuant to the terms of this contract.
<br />Discrimination and Affirmative Action
<br />s. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado
<br />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
<br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.
<br />Pursuant thereto, the following provisions shall be contained in all SrarE confracts or sub-
<br />contracts.
<br />During the perFormance of this contract, the CONTRACTOR agrees as follows:
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for
<br />employment because of race, creed, color, national origin, sex, martial status, religion,
<br />ancestry, mental or physical handicap, or age. The CoNTFta,cTOR will take affirmative
<br />action to insure that applicants are employed, and that employees are treated during
<br />employment, without regard to the above mentioned characteristics. Such action shall
<br />include, but not be limited to the following: employment upgrading, demotion, or
<br />Excelsior Irrigating Company Page 12 of 15 Loan Contract
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