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c. Bond requirement. If this contact involves the payment of more than fiftythousand dollars for the construction, erection, repair, maintenance,
<br />or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon the
<br />performance of any such work included in this contract, duly execute and deliver to the STATE official who will sign the contract, a good and sufficient bond
<br />or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such
<br />bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the
<br />CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed
<br />by such CONTRACTOR or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools,
<br />or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest
<br />at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract
<br />shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted
<br />in lieu of a bond. This provision is in cortSpliance with CRS 38-26-106.
<br />d. Indemnification. To the extent authorized bylaw, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its employees and agents,
<br />against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by
<br />the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />f. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24344021, and as required by Executive Order, Equal
<br />OpportunityandAffirmativeAction,datedAprill6, 1975. Pursuant thereto,fhefol%wingprovisionsshallbecontainedinallSrarECOntiactsorsub-convects.
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />1. The CONTRACTOR wilt not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex,
<br />martial status, religion, ancestry, mental or physical handicap, or age. The CONTRACTOR wilt take affirmative action to insure that applicants are
<br />employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include,
<br />but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations;
<br />rates of pay or other forms of cdmpensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
<br />places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this
<br />non-discrimination clause.
<br />Z. The CONTRACTOR Will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified
<br />applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, martial status, religion, ancestry,
<br />mental or physical handicap, or age.
<br />3. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other
<br />contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S
<br />commitment under the Executive Order, Equal Opportunityand Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant
<br />Orders of the Governor.
<br />4. The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative
<br />Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books,
<br />records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain
<br />compliance with such rules, regulations and orders.
<br />5. A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any
<br />such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity
<br />because of race, creed, color, sex, national origin, or ancestry.
<br />6. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this
<br />contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;
<br />or attempt, either directly or indirectly, to commit any act defined in this contact to be discriminatory.
<br />7. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contractor with any of such rules, regulations,
<br />or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further
<br />STATE contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
<br />the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be
<br />invoked as provided in Executive Order, Equal Opportunityand AffirmativeAction of April 16, 1975, or by rules, regulations, or orders promulgated
<br />in accordance therewith, or as otherwise provided by law.
<br />8. The CONTRACTOR will include the provisions of paragraphs (a) through (h) in every sub-contract and subcontractor purchase order unless
<br />exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that
<br />such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any sub-contracting
<br />or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided,
<br />however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of
<br />such direction by the contracting agency, the CONTRACTOR may request the State of Colorado to enter into such litigation to protect the interest
<br />of the State of Colorado.
<br />g. Colorado labor preference
<br />9. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contact if public works within the STATe are
<br />undertaken hereunder and are financed in whole or in part by STATE funds.
<br />Page 7 of 8 LOWER ARKANSAS WATER MANAGEMENT ASSOC. LOAN CONTRACT
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