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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 buifding, road, bridge, viaduct, tunnel, excavation or other public work <br />for this Sr,4TE, the CoNTt�nCroR shall, before entering upon the performance of any such work included in this <br />contract, duly execute and delive� to the STa7E official who will sign the contrect, a good and sufficient bond <br />or 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 />Cor�rptaCrOR or his subcontractors faii to duly pay tor any labor, materials, team hire, sustenance, provisions, <br />provendor or other supplies used or consumed by such CoNT�taCroR 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 ciaim in favor of the CoNrRnCroR arising under such contrect 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. 36-28-106. <br />1NDEMNIFICATION <br />4. To the extent authorized by law, the CoNr�za,c7oR shall indemnify, save, and hold harmiess the SrATE, 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, Of its <br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br />5. The CoN'rtuCTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. 24- <br />34-402), and as required by ExecuYrve Order, Equal Opportunity and A�rmative Action, dated Aprii 16, 1975. <br />Pursuant thereto, the foilowing provisions shall be contained in all Srare contracts or sub-contracts. <br />During the performance of this cbntract, the CoNTanCTOR agrees as follows: <br />a. The CON7Ri+c'rOft will not discrimiriate against any employee or applicant for employment because of <br />race, creed, color, nationaf origin, sex, martial slatus, refigion, anceslry, mentaf or physical handicap, or <br />age. The CoNrrucroR 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 CoNTa,ncroR agrees to post in <br />conspicuous places, available to employees and applicants for employment, notices to be provided by <br />the contracting officer setting forth provisions of this non-discrimination clause. <br />b. The CON7Ra.C7oR will, in all solicitations or advertisements for employees placed by or on behalf of the <br />CONi't�a.croR, state that all qualifed applicants will receive consideration for employment without regard <br />to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, <br />or age. <br />c. The CONTRACTOR Wlll send to each labor union or representative 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' cepresentative ot che CoNlszac-roa's commitment <br />under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the <br />rules, regulations, and relevant Orders of the Governor. <br />d. The CoN'rw+croR and labor unions will furnish all information and reports required by Executive Order, <br />Equal Opportunity and A�rmative Action of April 16, 1975, and by the rules, regulations and Orders of <br />the Govemor, or pursuant thereto, and will permit access to his books, records, and accounts by the <br />contracting agency and the o�ce of the Governor or his designee for purposes of investigation to <br />Soulder & LeR Hand tttigation Company Page 10 of 12 Loan Contrect <br />