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<br />. <br /> <br />. <br /> <br />applicable to any contract involving the 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 <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br />made available, <br /> <br />BOND REQUIREMENT <br /> <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 qualified corporate surety conditioned upon the faithful <br />performance of the contract and in addition, shall provide that if the CONTRACTOR or his <br />subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, <br />provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor <br />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 <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 CONTRACTOR 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 /> <br />INDEMNIFICATION <br /> <br />4, To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold <br />harmless the STATE, 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 the CONTRACTOR, or its employees, agents, subcontractors, or <br />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 <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 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 <br />employment because of race, creed, color, national origin, sex, martial status, religion, <br />ancestry, mental or physical handicap, or age, The CONTRACTOR will take affirmative <br /> <br />Page 4 of 7 <br />