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<br />- " . <br />tract, duly execute and deliver to and file with the officjal whose signature appears below for the State. a good <br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one~ <br />half of the lotal amount payable by the terms of this contracl Such bond shall be duly executed by a qualified <br />corporate surety, conditioned for the due and faithful performance of the contract. and in addition, shall provide <br />that if the contractor or his subcontractors fail 10 duly pay for any labor, materials, team hire. sustenance, pro- <br />visions, provender or other supplies used or consumed by such contractor or his su bcontracwr in performance of <br />the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the <br />bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is <br />executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, <br />allowed 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 38-26-106 eRS, as <br />amended. <br /> <br />INDEMNIFICATION <br /> <br />4. To the extent authorized by law, the contractor shall indemnify, save and hold hannless the State, its <br />employees and agents, against any and all claims, damages, liability and coun awards including costs. expenses, <br />and anomey fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon- <br />uactors, or assignees pursuant to the terms of this conu.act. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The contractor agrees to comply v.;th the lener and spirit of the Colorado Antidiscrimination Act of 1957, <br />as amended, and other applicable law respecting discrimination and unfair employment practices (24.34-402. <br />CRS 1982 Replacement VoL). and as required by Executive Order, EquaJ Opporrunity and AJiirmauve Action. <br />Oared April 16. 1975. hrsuan; rnerezo, Inefoliowing provisior.s shall be comoined in all Srare COntraclS o~ <br />sub-conrracrs. <br /> <br />During the perfonnance of lhis comracL the cOntractor agrees as follo"WS: <br /> <br />(1) The contractOr will nol dis~ri.ri'.inate .against any employee or applicant fOT e.'Dploymen1 because of <br />race. creed., color, national origin. sex, marital statuS, religion, ancesrry, mental or physical handicap, or <br />age. The contractor will'take affirmative action to insure that applicants 21"e employed. and that employees <br />are treated during employment, withounegard to the above mentioned ch21"acteristics. Such action. shall <br />include, but not be limited to the following: employment upgrading, demotion, or transfer, recruinnent or <br />recruionent advenising: Jay-off's or terminations: rates of payor other forms. of compensation; and selec- <br />. tion for training.. including apprenticeship. The contractor agrees to pOSt in conspicuous places, available <br />to employees and applicants for employment. notices to be provided by the contracting officer sening fanh <br />provisions of this non.discrimination clause. <br /> <br />(2) The contractor will, in all solicitations or advenisemems for employees placed by or on behalf of me <br />contractOr, state that all qualified applicants will receive consideration for emplaym~nt without regard to <br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical <br />handicap, or age. <br /> <br />(3) The contractor will send to each labor union or representative of workers with which he has collective <br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, <br />advising the labor union ar workers' representative of the contractOr's cammiument under the Executive <br />Order, Equal Opponunity and Affirmative Action. dated April 16, 1975, and of the rules, regulations, and <br />relevant Orders of the Governor. <br /> <br />(4) The contractor and labor unions "ill furnish all information and repons required by Executive Order, <br />Equal Opponuniry and Affirmative Action of April ]6, 1975, and by the rules, regulations and Orders of <br />-the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the con- <br />tracting agency and the office qf the Governor or his designee for purposes of investigation to ascenain <br />compliance with such rules, r.::gulations and orders. <br /> <br />(5) A labor organization will not exclude any individual otherwise qualified from full membershiprighlS in <br />sllch Jabor organiz.ation, or expel any such individual from membership in such labor org.anization or dis- <br />criminate against any of its members in the. full enjoyment of work opponunity, because of race, creed, <br />color, sex, national origin, or ancestry. <br /> <br />(6) A labor organization, orthe employees or members thereof will not aid, abet, incite. compel or coerce <br />the doing of any act defined. in this contract to be discriminatory or obstruct or prevent any p~rson from <br />compiying will} the provisions of this comract or any order issued thereunder: or anempt. e.ither directly or <br />indirectly, to conunit any act defined in this contract to be discr.iminatOry. <br /> <br />395-53-01-1022 <br />R~vi!'led I 1-85 <br /> <br />page ---L of __2" pages <br />