|
<br />,;'::-.;""
<br />.,
<br />"
<br />
<br />3, Bond requirement, If this contact involves lhe payment of more than fifty thousand dollars for the
<br />construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel,
<br />excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon the performance
<br />of any such work included in this contract, duly execute and deliver to the STATE official who will sign the.
<br />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-half of the total amount payable by the terms of this contract. Such bond shall be duly
<br />executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in
<br />addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials,
<br />team hire, sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR or his
<br />subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental
<br />machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not
<br />exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum, Unless
<br />such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract
<br />shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer
<br />of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-
<br />106.
<br />
<br />4. Indemnification. 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, liability and court awards
<br />including costs, expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR,
<br />or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />
<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of
<br />the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination
<br />and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and
<br />Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all
<br />STA TE contracts or sub-contracts.
<br />
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />
<br />a. The CONTRACTOR will not discriminale against any employee or applicant for employment because
<br />of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap,
<br />or age. The CONTRACTOR 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.
<br />Such action shall include, but not be limited to the following: employment upgrading, demotion, or
<br />transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other forms
<br />of compensation; and selection for training, including apprenticeship, The CONTRACTOR agrees to post
<br />in conspicuous places, available to employees and applicants for employment, notices to be provided
<br />by the contracting officer setting forth provisions of this non-discrimination clause.
<br />
<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 without
<br />regard to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical
<br />handicap, or age.
<br />
<br />c. The CONTRACTOR will 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' 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 Governor.
<br />
<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive
<br />Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and
<br />Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts
<br />
<br />TOWN OF MONUMENT
<br />
<br />Page 9 of 11
<br />
<br />LOAN CONTRACT
<br />
|