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upon the faithful performance of the contract and in addition, shall provide that if the CONTRACTOR or
<br />his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions,
<br />provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor in
<br />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
<br />amount not exceeding the sum specified in the bond, together with interest at the rate of eight per
<br />cent per 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 or cashier's
<br />check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in
<br />lieu of a bond. This provision is in compliance with CRS 38 -26 -106.
<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
<br />court awards including costs, expenses, and attorney fees incurred as a result of any act or
<br />omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to
<br />the terms of this contract.
<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and
<br />spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
<br />respecting discrimination and unfair employment practices (CRS 24 -34 -402), and as required by
<br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto,
<br />the following provisions shall be contained in all STATE contracts or sub- contracts.
<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
<br />because of race, creed, color, national origin, sex . I status, religion, ancestry, mental or
<br />physical handicap, or age. The CONT i t e affirmative action to insure that
<br />applicants are employed, and that employ r' uring employment, without regard to
<br />the above mentioned characteristics. S ion shall i de, but not be limited to the
<br />following: employment upgrading, demotio s recruitment or recruitment
<br />advertisings; lay -offs or terminations, r. o ` o rms of compensation; and
<br />selection for training, including apps hi e ONTRACTOR agrees to post in
<br />conspicuous places, available to empyees' and applicants for employment, notices to be
<br />provided by the contracting officer setting forth provisions of this non - discrimination clause.
<br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on
<br />behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for
<br />employment without regard to race, creed, color, national origin, sex, martial status, religion,
<br />ancestry, mental or physical handicap, or age.
<br />c. The CONTRACTOR will send to each labor union or representative of workers with which he has
<br />a collective bargaining agreement or other contract or understanding, notice to be provided by
<br />the 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
<br />16, 1975, 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 />Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations
<br />and Orders of the Governor, or pursuant thereto, and will permit access to his books, records,
<br />and accounts by the contracting agency and the office of the Governor or his designee for
<br />purposes of 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
<br />Town of Morrison Page 11 of 13
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