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<br />3. Bond requirement. If this contact involves the payment of more than fifty thousand dollars for the construction, erection. repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct. tunnel, excavation or other public work for this STATE, the CONTRACTOR
<br />shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the STATE official who
<br />will sign the contract, a good and sufficient bond Of other acceptable surety to be approved by said official in a penal sum not less than
<br />one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety
<br />conditioned upon the faithful performance of the contract and in addition, shall provide that if the CONTRACTOR or his subcontractors fail
<br />to duly pay for any labor, materials, team hire, sustenance, provisions, pro vendor or other supplies used or consumed by such CONTRACTOR
<br />or his subcontn:ictb"r"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,
<br />together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the
<br />CONTRACTOR arising under such contract shall be audited, allowed or paid. A certifjed 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 with eRS 38~26-1 06.
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<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its
<br />employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred
<br />as a result of any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the terms of
<br />this contract.
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<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado
<br />Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS
<br />24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the
<br />following 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:
<br />
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, national
<br />origin, sex, martial status, religion, ancestry, 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, without regard to the above mentioned
<br />characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer.
<br />recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other forms of compensation; and selection for
<br />training, including apprenticeship. The 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-discrimination clause.
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<br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR. state that
<br />_aJ.I.,.gualified aeQlicants wl!Lr~~ive consideration for em2.!oymenJ without regard tq,..@g~, c~e~,...EQlor, natiql]_al~giD,_ sex, martial
<br />status, 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 has a collective bargaining agreement
<br />or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers'
<br />representative of the CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April
<br />16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
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<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and
<br />Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit
<br />access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes
<br />of investigation to ascertain compliance with such rules, regulations and orders.
<br />
<br />e. A labor organization will not exclude any individual otherwise qualified from fun membership rights in such labor organization, or
<br />expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment
<br />of work opportunity because of race, creed, color, sex, national origin, or ancestry.
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<br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined
<br />in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order
<br />issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contact to be discriminatory.
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<br />g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contract or with any of such rules,
<br />regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be
<br />declared ineligible for further STATE contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and
<br />Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other
<br />sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
<br />Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
<br />
<br />h. The CONTRACTOR will include the provisions of paragraphs la} through (h) in every sub-contract and subcontractor purchase order
<br />unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April
<br />16, 197?, so that such provisions wi!1 be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with
<br />respect to :any sub-contracting <?f purchase ordei' as the contracting agency" may 'direct, :as a means of enforcing such provisions,
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<br />APpLEtOKfML35bQITCH COMPANY; INC. LOAN CONTRACT ....
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