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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 for
<br />this STATE, the CONTRACTOR shall, before entering upon the performance of any such wDrk included in this
<br />contract, duly execute and deliver to the STATE Dfficial who will sign the cDntract, a good and sufficient bond or
<br />other acceptable surety to be apprDved 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 upDn the faithful perfDrmance Df the contract and in addition, shall provide that if the
<br />CONTRACTOR or his subcDntractors fail to duly pay for any labDr, materials, team hire, sustenance, provisiDnS,
<br />provendor or other supplies used or consumed by such CONTRACTOR or his subcontractDr 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 nDt 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, allDwed
<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 provisiDn is in compliance with C,R.S, 38-26-106,
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<br />INDEMNIFICA nON
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<br />4, To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its
<br />emplDyees and agents, against any and all claims, damages, liability and CDurt awards including costs,
<br />expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, Dr its employees,
<br />agents, subcontractors, or assignees pursuant to the terms of this contract.
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<br />DISCRIMINATION AND AFFIRMATIVE AcnON
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<br />5, The CONTRACTOR agrees to cDmply with the letter and spirit of the ColoradD 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 /ollowing provisions shall be contained in all STA TE contracts or sub-contracts,
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<br />During the performance of this contract, the CONTRACTOR agrees as fDllows:
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<br />a, The CONTRACTOR will not discriminate against any employee or applicant for emplDyment because of
<br />race, creed, color, national Drigin, sex, martial status, religion, ancestry, mental or physical handicap, or
<br />age, The CONTRACTOR will take affirmative action tD 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 tD the follDwing: employment upgrading, demDtiDn, or transfer,
<br />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 />conspicuDUS places, available to employees and applicants for employment, notices tD be provided by the
<br />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 Dn behalf of the
<br />CONTRACTOR, state that all qualified applicants will receive consideration for emplDyment withDUt regard to
<br />race, creed, color, national origin, sex, martial status, religion, ancestry, mental Dr physical handicap, or
<br />age,
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<br />c, The CONTRACTOR will send tD each labDr union or representative of workers with which he has a collective
<br />bargaining agreement or other cDntract or understanding, notice to be provided by the CDntracting officer,
<br />advising the labor union or workers' representative of the 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,
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<br />d, The CONTRACTOR and labor unions will furnish all infDrmation 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, recDrds, and accounts by' the
<br />contracting agency and the Dffice of the GovemDr or his designee for purposes of investigation to
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<br />Greeley & Loveland
<br />Irrigation Company
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<br />Page 11 of 13
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<br />Loan Contract
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