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subcontrac or in performance of the work contracted to be done or fails to pay any person who supplies <br />rental mac inery, tools, or equipment in the prosecution of the work the surety will pay the same in an <br />amount no exceeding the sum specified in the bond, together with interest at the rate of eight per cent per <br />annum. U less such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under <br />such contr ct shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable <br />to the Tres surer 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 />4. Ind arnnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold <br />harmless tt a STATE, its employees and agents, against any and all claims, damages, liability and court awards <br />including c sts, expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, <br />or its empt yees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br />5. Di rimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of <br />the Colors( o Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination <br />and unfair mployment practices (C.R.S. 24 -34 -402), and as required by Executive Order, Equal Opportunity <br />and Affirm tive Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in <br />all STATE ci intracts or sub - contracts. <br />Duringjthe performance of this contract, the CONTRACTOR agrees as follows: <br />a. The CONTRACTOR will not discriminate against any ee o applicant for employment because <br />of race, creed, color, national origin, sex, martia s r lig ` -ancestry, mental or physical <br />ha idicap, or age. The CONTRACTOR will take affir ti ion s re that applicants are employed, <br />an that employees are treated during empl W to the above mentioned <br />ch iracteristics. Such action shall include, b to the following: employment <br />UP railing, demotion, or transfer, recruitment o rui advertisings; lay -offs or terminations; <br />ra s of pay or other forms of compensation; and sele n training, including apprenticeship. The <br />C NTRACTOR agrees to post in conspicuous plac ilable to employees and applicants for <br />e ployment, notices to be provided by the cont r fficer setting forth provisions of this non - <br />di crimination clause. <br />b. The CONTRACTOR Will, in all solicitations or advertisements for employees placed by or on behalf of <br />th CONTRACTOR, state that all qualified applicants will receive consideration for employment without <br />rei lard to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical <br />ha idicap, or age. <br />c. The CONTRACTOR Will send to each labor union or representative of workers with which he has a <br />c lective bargaining agreement or other contract or understanding, notice to be provided by the <br />c tracting officer, advising the labor union or workers' representative of the CONTRACTOR'S <br />c mitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, <br />1 75, 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 />Oider, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and <br />Oiders 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 />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 />di criminate against any of its members in the full enjoyment of work opportunity because of race, <br />c ed, color, sex, national origin, or ancestry. <br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or <br />c erce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any <br />p rson from complying with the provisions of this contract or any order issued thereunder; or <br />Page 10 of 12 <br />