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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
<br />work included in this contract, duly execute and deliver to the STATE officiai who will sign the contract,
<br />a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum
<br />not less than one,half of the total amount payable by the terms of this contract. Such bond shall be
<br />duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract
<br />and In addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any
<br />labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by
<br />such CONTRACTOR or his subcontractor in performance of the work contracted to be done or fails to
<br />pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the
<br />surety will pay the same in an amount not exceeding the sum specified in the bond, together with
<br />interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no
<br />claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed or paid. A
<br />certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado
<br />may be accepted in lieu of a bond. This provision 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 law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE,
<br />its employees and agents, against any and all claims, damages, liability and court awards including
<br />costs, expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, or
<br />its 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 law respecting discrimination and unfair employment
<br />practices (924-34-402, C.R.S. (1999)), and as required by Executive Order, Equal Opportunity and
<br />Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained
<br />in all STA TE 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 or
<br />physical handicap, or age. The CONTRACTOR will take affirmative action to insure that applicants
<br />are employed, and that employees are treated during employment, without regard to the above
<br />mentioned characteristics. Such action shall include, but not be limited to the following:
<br />employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay,offs or
<br />terminations; rates of payor other forms of compensation; and selection for training, including
<br />apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees
<br />and applicants for employment, notices to be provided by the contracting officer setting forth
<br />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
<br />of the CONTRACTOR, state that all qualified applicants will receive consideration for employment
<br />withoul regard to race, creed, color, national origin, sex, martial status, religion, ancestry, mental
<br />or physical handicap, or age.
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<br />c. The CONTRACTOR will send to each labor union or representalive of workers with which he has a
<br />collective bargaining agreement or other contract or understanding, notice to be provided by the
<br />contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S
<br />commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
<br />1975, and of the rules, regulations, and relevant Orders of the Govemor.
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<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive
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<br />Sterling Irrigation Company
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<br />Loan Contract
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