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<br />Controller's Approval
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<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
<br />Colorado or such assistant as he may designate. This provision is appiicable to any contract involving .the
<br />payment of money by the STATE.
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<br />FUND AVAILABI~ITY
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<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.
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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, 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 wlil 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 if the CONTRACTOR or his subcontractors fali 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 specified in the bond, together with interest at the rate of eight per cent per
<br />annum. Unless such bond is executed, delivered and flied, 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. 38-26-106.
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<br />INDEMNIFICATION
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<br />4. To the extent authorized by iaw, 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.
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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 Act of
<br />1957, as amended, and other applicable iaw 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 8TA TE contracts or sub-
<br />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 because of
<br />race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap,
<br />or age. The CONTRACTOR wlil 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, avaliable to employees and applicants for employment, notices to be
<br />provided by the contracting officer setting forth provisions of this non-discrimination clause.
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<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.
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<br />Highland Ditch Company
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<br />Page 10 of 12
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<br />Loan Contract
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