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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 AVAILABILITY
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<br />2. Financial. obligations of the State of Colorado payable after the current fiscal year are contingent upon funds
<br />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, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work
<br />for this STATE, the CONTRACTOR shall, before. e~tering upon the performance of any such work included in
<br />this contract, duly 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 than one-half of the
<br />total amount payable by the terms of this co~tract. Such bon9 shall be duly executed by a qualified
<br />corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that
<br />if the CONTRACTOR or his subcontractors faii to duly pay for any labor, materials, team hire, sustenance,
<br />provisions, provendor or other supplies used or' consumed by such CONTRACTOR or his subcontractor in
<br />performance of the work contracted to be done or fails to pay any person who supplies rental machinery,
<br />tools, or equipment in the prosecution of the wor'k the surety" will pay the same in an amoun.t not exceeding
<br />the sum specified in tf1e bond, together with intE!rest at the rate of eight per cent per annum. Unless such
<br />bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall
<br />be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer
<br />of the State o{Colorado may be accepted in Iiell of a bond. This provision is in compliance with C.R.S. 38-
<br />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 c1eims, 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 assigneM 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 leltelr and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respectir1g discrimination and unfair employment practices (C.R.S.
<br />24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
<br />1975. Pursuant thereto, the following provisions shall be contained in alf 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 agair1st any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, martiill status, religion, ancestry, mental or physical handicap, or
<br />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 of
<br />compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in
<br />conspicuous places, available to employees and applicants for employment, notices to be provided by
<br />the contracting officer setting forth provision~ 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 the
<br />CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard
<br />to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, .
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<br />Left Hand Ditch Cornpany
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<br />Page 11 of 13
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<br />Loan Contract
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