subcontrac or in performance of the work contracted to be done or fails to pay any person who supplies
<br />rental mac inery, tools, or equipment in the prosecution of the work the surety will pay the same in an
<br />amount no exceeding the sum specified in the bond, together with interest at the rate of eight per cent per
<br />annum. U less such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under
<br />such contr ct shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable
<br />to the Tres surer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance
<br />with C.R.S. 38 -26 -106.
<br />4. Ind arnnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold
<br />harmless tt a STATE, its employees and agents, against any and all claims, damages, liability and court awards
<br />including c sts, expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR,
<br />or its empt yees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />5. Di rimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of
<br />the Colors( o Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination
<br />and unfair mployment practices (C.R.S. 24 -34 -402), and as required by Executive Order, Equal Opportunity
<br />and Affirm tive Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in
<br />all STATE ci intracts or sub - contracts.
<br />Duringjthe performance of this contract, the CONTRACTOR agrees as follows:
<br />a. The CONTRACTOR will not discriminate against any ee o applicant for employment because
<br />of race, creed, color, national origin, sex, martia s r lig ` -ancestry, mental or physical
<br />ha idicap, or age. The CONTRACTOR will take affir ti ion s re that applicants are employed,
<br />an that employees are treated during empl W to the above mentioned
<br />ch iracteristics. Such action shall include, b to the following: employment
<br />UP railing, demotion, or transfer, recruitment o rui advertisings; lay -offs or terminations;
<br />ra s of pay or other forms of compensation; and sele n training, including apprenticeship. The
<br />C NTRACTOR agrees to post in conspicuous plac ilable to employees and applicants for
<br />e ployment, notices to be provided by the cont r fficer setting forth provisions of this non -
<br />di crimination clause.
<br />b. The CONTRACTOR Will, in all solicitations or advertisements for employees placed by or on behalf of
<br />th CONTRACTOR, state that all qualified applicants will receive consideration for employment without
<br />rei lard to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical
<br />ha idicap, or age.
<br />c. The CONTRACTOR Will send to each labor union or representative of workers with which he has a
<br />c lective bargaining agreement or other contract or understanding, notice to be provided by the
<br />c tracting officer, advising the labor union or workers' representative of the CONTRACTOR'S
<br />c mitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
<br />1 75, and of the rules, regulations, and relevant Orders of the Governor.
<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive
<br />Oider, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and
<br />Oiders of the Governor, or pursuant thereto, and will permit access to his books, records, and
<br />accounts by the contracting agency and the office of the Governor or his designee for purposes of
<br />investigation to ascertain compliance with such rules, regulations and orders.
<br />e. A labor organization will not exclude any individual otherwise qualified from full membership rights
<br />in such labor organization, or expel any such individual from membership in such labor organization or
<br />di criminate against any of its members in the full enjoyment of work opportunity because of race,
<br />c ed, color, sex, national origin, or ancestry.
<br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or
<br />c erce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any
<br />p rson from complying with the provisions of this contract or any order issued thereunder; or
<br />Page 10 of 12
<br />
|