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<br />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
<br />supplies rental machinery, tools, or equipment in the prosecution 01 the work the surety will pay
<br />the same in an amount not exceeding the sum specified in the bond, together with interesl at the
<br />rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in
<br />favor of the 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 01 the State of Colorado may
<br />be accepted in lieu of a bond. This provision is in compliance with 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 harmless the
<br />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
<br />CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
<br />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 Antidiscrimination Act
<br />of 1957, as amended, and other applicable law respecting discrimination and unfair employment
<br />practices (C.R.S. 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
<br />contained in all STATE contracts or sub-contracts.
<br />
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment
<br />because of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or
<br />physical handicap, or age. The CONTRACTOR will take affirmative action to insure that
<br />applicants are employed, and thaI employees are treated during employment, without regard
<br />to the above mentioned characteristics. Such action shall include, but not be limited to the
<br />following: employment upgrading, demotion, or transfer, recruitment or recruitment
<br />advertisings; lay-ofts or terminations; rates of payor other forms of compensation; and
<br />selection for training, including apprenticeship. The CONTRACTOR agrees to post in
<br />conspicuous places, available to employees and applicants for employment, notices to be
<br />provided 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
<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 />
<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
<br />CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and Affirmative
<br />Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the
<br />Governor.
<br />
<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by
<br />Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules,
<br />regulations and Orders of the Governor, or pursuant thereto, and will permit access to his
<br />books, records, and accounts by the contracting agency and the office of the Governor or his
<br />designee for purposes of investigation to ascertain compliance with such rules, regulations
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<br />Page 4 at 6
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