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<br />" <br /> <br />~'--" <br /> <br />',' <br /> <br />subcontractor in performance of the work contracted to be done or fails to pay any person who supplies <br />rental 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 cent per <br />annum. Unless such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under <br />such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable <br />to the Treasurer 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 /> <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 court awards <br />including costs, expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, <br />or its employees, agents, subcontractors, or assignee$ pursuant to the terms of this contract. <br /> <br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of <br />the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination <br />and unfair employment practices (C.R.S. 24-34-402), and as required by Executive Order, Equal Opportunity <br />and Affirmative Action, dated April 16, 1975. Pursuant thereto. the following provisions shall be contained in <br />all STA TE contracts or sub-contracts. <br /> <br />During the performance of this contract, the CON1RACTOR agrees as follows: <br /> <br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because <br />of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical <br />handicap, or age. The CONTRACTOR will take Mfirmative action to insure that applicants are employed, <br />and that employees are treated during employment, without regard to the above mentioned <br />characteristics. Such action shall include, but not be limited to the following: employment <br />upgrading. demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; <br />rates of payor other forms of compensation; and selection for training, including apprenticeship. The <br />CONTRACTOR 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 this non- <br />discrimination clause. <br /> <br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of <br />the CONTRACTOR, state that all qualified applicants will receive consideration for employment without <br />regard to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical <br />handicap, or age. <br /> <br />c. The CONTRACTOR will send to each labor union or representative of workers with which he has a <br />collective bargaining agreement or other cor1lract or understanding, notice to be provided by the <br />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 16, <br />1975, and of the rules, regulations, and relevant Orders of the Governor. <br /> <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 and <br />Orders 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 /> <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 />discriminate against any of its members in the full enjoyment of work opportunity because of race, <br />creed, color, sex, national origin, or ancestry. <br /> <br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or <br />coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any <br />person from complying with the provisions of this contract or any order issued thereunder; or <br /> <br />Page 1 0 of 1 2 <br />