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<br />contingent upon funds for that purpose being appropriated, budgeted, and othelWise made
<br />available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction,
<br />erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel,
<br />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
<br />STATE official who will sign the contract, a good and sufficient bond or other acceptable surety
<br />to be approved by said official in a penal sum not less than one-half of the total amount
<br />payable by the terms of this contract. Such bond shall be duly executed by a qualified
<br />corporate surety conditioned upon the faithful performance of the contract and in addition,
<br />shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor,
<br />materials, team hire, sustenance, provisions, provendor or other supplies used or consumed
<br />by such CONTRACTOR or his subcontractor in performance of the work contracted to be done or
<br />fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution
<br />of the work the surety will pay the same in an amount not exceeding the sum specified in the
<br />bond, together with interest at the rate of eight per cent per annum, Unless such bond is
<br />executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract
<br />shall be audited, allowed or paid, A certified or cashier's check or a bank money order payable
<br />to the Treasurer of the State of Colorado may be accepted in lieu of a bond, This provision is
<br />in compliance with C.R.S. 38-26-106.
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<br />INDEMNIFICATION
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<br />4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the
<br />STATE, its employees and agents, against any and all claims, damages, liability and court
<br />awards including costs, expenses, and attorney fees incurred as a result of any act or omission
<br />by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the
<br />terms of this contract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination
<br />Act of 1957, as amended, and other applicable law respecting discrimination and unfair
<br />employment practices (C,R.S. 24-34-402), and as required by Executive Order, Equal
<br />Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following
<br />provisions shall be contained in all STATE contracts or sub-contracts,
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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
<br />because of race, creed, color, national origin, sex, martial status, religion, ancestry, mental
<br />or 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
<br />regard to the above mentioned characteristics. Such action shall include, but not be
<br />limited to the following: employment upgrading, demotion, or transfer, recruitment or
<br />recruitment advertisings; lay-offs or terminations; rates of payor other forms of
<br />compensation; and selection for training, including apprenticeship. The CONTRACTOR
<br />agrees to post in conspicuous places, available to employees and applicants for
<br />employment, notices to be provided by the contracting officer setting forth provisions of this
<br />non-discrimination clause,
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<br />Jackson Lake Reservoir and Irrigation Co, Page 10 of 13
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<br />Loan Contract
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