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<br />'SOND REQUIREMENT
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<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or
<br />improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall,
<br />before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official
<br />who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum
<br />not less than one-haW 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 provide that if the
<br />contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other
<br />supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails
<br />to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the
<br />same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum.
<br />Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be
<br />audited, allowed or paid. A 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 ofa bond. This provision is in compliance with CRS 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, its employees and agents,
<br />against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a
<br />result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of
<br />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 1957, as amended, and
<br />other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by
<br />Executive Order, Equal Opportunity and Aflinnative Action, dated April 16. 1975. PUTSuant thereto, the following provisions
<br />shaH be contained in an state contracts or sub-contracts.
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<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 race, creed, color,
<br />national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take
<br />affinnative action to insure that applicants are employed, and that employees are treated during employment, without
<br />regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment
<br />upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other
<br />forms of 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 contracting
<br />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 the contractor, state that
<br />all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex,
<br />mantal status, religion, ancestry. mental or physical handicap, or age.
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<br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining
<br />agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or
<br />workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative
<br />Action, dated April 16, 1975, and 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 Order, Equal Opportunity
<br />and Affinnative Action of April 16, 1975, and by the rules, regulations and Orders of the Govemor, or pursuant thereto,
<br />and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his
<br />designee for purposes of investigation to ascertain compliance with such rules regulations and orders.
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<br />(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor
<br />organization, or expel any such individual from membership in such labor organization or discriminate against any of its
<br />members in the full enjoyment work opportunity because of race, creed, color, sex, national origin, or ancestry.
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<br />(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act
<br />defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provision of this
<br />contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract
<br />to be discriminatory.
<br />(g) In the event of the contractor's non-compliance with the non.discrimination clauses of this contract or with any of such
<br />rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the
<br />contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive
<br />Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in
<br />accordance therewith, and such other sanctions as may be imposed and remedies as may be Invoked as provided in
<br />E><ecutive Orders, Equal Opportunity and Affinnative Action of April 16, 1975, or by rules, regulations, or orders
<br />promulgated in accordance therewith, or as otherwise prov;ded- by law.
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