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<br />, , <br />, , <br /> <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, <br /> <br />FUND AVAILABILITY <br /> <br />2, Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted, and otherwise made available, <br /> <br />BOND REQUIREMENT <br /> <br />3, If this contract involves the payment of more than fifty thousand dollars for the construction, erection, <br />repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other <br />public work for this STATE, the CONTRACTOR shall, before entering upon the performance of any such work <br />included in this contract, duly execute and deliver to the STATE official who will sign the contract, a good <br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than <br />one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a <br />qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall <br />provide that ii the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire, <br />sustenance, provisions, provendor 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 supplies <br />rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an <br />amount not exceeding the sum speciiied in the bond, together with interest at the rate of eight per cent per <br />annum, Unless such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising <br />under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money <br />order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond, This provision <br />'IS in compliance with C,R.S. 38-26,' 06, <br /> <br />INDEMNIFICATION <br /> <br />4, To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its <br />employees and agents, against any and all claims, 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 pursuant to the terms of this contract. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5, The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of <br />1957, as amended, and other applicable law respecting discrimination and unfair employment practices <br />(C,R,S, 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated <br />April 16, 1975, Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub- <br />contracts, <br /> <br />During the performance of this contract, the CONTRACTOR agrees as follows: <br /> <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, <br />or 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, <br />Such action shall include, but not be limited to the following: employment upgrading, demotion, or <br />transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other forms <br />of compensation; and selection for training, including apprenticeship, The CONTRACTOR agrees to <br />post in conspicuous places, available to employees and applicants lor employment, notices to be <br />provided by the contracting officer setting forth provisions of this non-discrimination clause, <br /> <br />b, The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of <br />the CONTRACTOR, state that all qualified applicants will receive consideration for employment without <br />regard to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical <br />handicap, or age. <br /> <br />c, The CONTRACTOR will send to each labor union or representative of workers with which he has a <br />collective bargaining agreement or other contract or understanding, notice to be provided by the <br />contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S <br /> <br />Julesburg Irrigation District <br /> <br />,Page 10 of 12 <br /> <br />Loan Contract <br />