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<br />shall, before entering upon the performance of any such work included in this 'contract,
<br />duly execute and deliver to the STATE official who will sign the contract, a good and
<br />sufficient bond or other acceptable surety to be approved by said official in a penal
<br />sum not less than one-half of the total amount payable by the terms of this contract.
<br />Such bond shall be duly executed by a qualified corporate surety conditioned upon the
<br />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,
<br />sustenance, provisions, provendor or other supplies used or consumed by such
<br />CONTRACTOR or his subcontractor in performance of the work contracted to be done or
<br />fails to pay any person who supplies rental machinery, tools, or equipment in the
<br />prosecution of the work the surety will pay the same in an amount not exceeding the
<br />sum specified in the bond, together with interest at the rate of eight per cent per
<br />annum. Unless such bond is executed, delivered and filed, no claim in favor of the
<br />CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified
<br />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
<br />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
<br />harmless the STATE, its employees and agents, against any and all claims, damages,
<br />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,
<br />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
<br />Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair employment practices (C.R.S. 24-34-402), and as required by
<br />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
<br />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
<br />employment because of race, creed, color, national origin, sex, martial status,
<br />religion, ancestry, mental or physical handicap, or age. The CONTRACTOR will take
<br />affirmative action to insure that applicants are employed, and that employees are
<br />treated during employment, without regard to the above mentioned characteristics.
<br />Such action shall include, but not be limited to the following: employment
<br />upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or
<br />terminations; rates of pay or other forms of compensation; and selection for
<br />training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
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<br />The South Platte Lower River
<br />Group, Inc.
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<br />Grant Contract
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