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<br />sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR
<br />or his subcontractor in performance of the work contracted to be done or fails to pay any
<br />person who supplies rental machinery, tools, or equipment in the prosecution of the work the
<br />surety will pay the same in an amount not exceeding the sum specified in the bond, together
<br />with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered
<br />and filed, no claim in favor of the CONTRACTOR arising under such contract shall be audited,
<br />allowed or paid. A certified or cashier's check or a bank money order payable to the
<br />Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in
<br />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
<br />the STATE, its employees and agents, against any and all claims, damages, liability and court
<br />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
<br />pursuant to the terms of this 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
<br />Act of 1957, as amended, and other applicable law respecting discrimination and unfair
<br />employment practices (C.R.S. 24-34-402), and as required by Executive Order, Equal
<br />Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following
<br />provisions shall be contained in all STATE contracts or sub-contracts.
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<br />During the performance of this contract, the CONTRACTOR agrees as follows:
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<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,
<br />mental or physical handicap, or age. The CONTRACTOR will take affirmative action to
<br />insure that applicants are employed, and that employees are treated during employment,
<br />without regard to the above mentioned characteristics. Such action shall include, but not
<br />be limited to the following: employment upgrading, demotion, or transfer, recruitment or
<br />recruitment advertisings; lay-offs or terminations; rates of payor other forms of
<br />compensation; and selection for training, including apprenticeship. The CONTRACTOR
<br />agrees to post in conspicuous places, available to employees and applicants for
<br />employment, notices to be provided by the contracting officer setting forth provisions of
<br />this non-discrimination clause.
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<br />b. The CONTRACTOR will, in all solicitations or advertisements ior 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,
<br />religion, ancestry, mental or physical handicap, or age.
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<br />c. The CONTRACTOR will send to each labor union or representative of workers with which he
<br />has a collective bargaining agreement or other contract or understanding, notice to be
<br />provided by the contracting officer, advising the labor union or workers' representative of
<br />the CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and
<br />Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders
<br />of the Governor.
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<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by
<br />t;xecutive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the
<br />rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access
<br />to his books, records, and accounts by the contracting agency and the office of the
<br />Governor or his designee for purposes of investigation to ascertain compliance with such
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