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<br /> 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 CONTRACTOR 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 /> CONTRACTOR 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 amendecti O id +,other ,applicable law
<br /> respecting discrimination and unfair employment practices (C.R.S. 24' --jO2), and;asrequired by
<br /> Executive Order, Equal Opportunity and Affirmative Action, dated April'1"6,"1=975."Pur'st ant thereto,
<br /> the following provisions shall be contained in all STATE contracts,Rrs ub-contracts. r
<br /> 5� (c ii til
<br /> During the performance of this contract, the CONTRACTOR agrees a fo owl ',t
<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 CONTRACTOR 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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