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BOND REQUIREMENT
<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 for
<br /> this STATE, the CONTRACTOR shall, before entering upon the performance of any such work included in this
<br /> contract, duly execute and deliver to the STATE official who will sign the contract, a good and sufficient bond or
<br /> other acceptable surety to be approved by said official in a penal sum not less than one-half of the total
<br /> amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
<br /> surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the
<br /> CONTRACTOR or his 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 in performance of
<br /> the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment
<br /> in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in
<br /> the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed,
<br /> delivered and filed, 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 the State of
<br /> Colorado may be accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106.
<br /> INDEMNIFICATION
<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 employees,
<br /> agents, subcontractors, or assignees pursuant to the terms of this contract.
<br /> DISCRIMINATION AND AFFIRMATIVE ACTION
<br /> 5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as
<br /> amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. 24-34-
<br /> 402), and as required by 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-contracts.
<br /> During the performance of this contract, the CONTRACTOR agrees as follows:
<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, 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. Such
<br /> action shall include, but not be limited to the following: employment upgrading, demotion, or transfer,
<br /> recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or 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 the
<br /> contracting officer setting forth provisions of this non-discrimination clause.
<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 to
<br /> race, creed, color, national origin, sex, martial status, r ton ncest +, r ntal or physical handicap, or
<br /> age. - ',
<br /> c. The CONTRACTOR will send to each labor union or representative of workers wit).which he has a collective
<br /> bargaining agreement or other contract or and -in•;no/ide the contracting officer,
<br /> advising the labor union or workers' representati •(, ` .-I-CONTRACTOR`S commitment under the Executive
<br /> Order, Equal Opportunity and Affirmative Action';'-dated April 16, 1975, and of the rules, regulations, and
<br /> relevant Orders of the Governor.
<br /> d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order,
<br /> Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
<br /> Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the
<br /> contracting agency and the office of the Governor or his designee for purposes of investigation to
<br /> Greeley & Loveland
<br /> Irrigation Company Page 11 of 13 Loan Contract
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