|
<br />,--
<br />
<br />BONO REQUIREMENT
<br />
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
<br />repair, maintenance, or improvement of any building, road: bridge, viaduct, tunnel, excavation or other
<br />public work for this STATE, the CONTRACTOR shall, before entering upon the performance of any such
<br />work included in this contract, duly execute and deliver to the STATE official who will sign the contract, a
<br />good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not
<br />less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly
<br />executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in
<br />addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor,
<br />materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such
<br />CONTRACTOR or his subcontractor in performance of the work contracted to be do(\e or fails to \lay a(\y
<br />person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will
<br />pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate
<br />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 certified or cashier's check
<br />or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
<br />bond. This provision is in compliance with C.R.S. 38-26-106.
<br />
<br />INDEMNIFICATION
<br />
<br />4. 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,
<br />expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, or its
<br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of
<br />1957, as amended, and other applicable law respecting discrimination and unfair employment practices
<br />(C.R.S. 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated
<br />April 16, 1975. Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub.
<br />contracts.
<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
<br />race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap,
<br />or age. The CONTRACTOR will take affirmative action to insure that applicants are employed, and that
<br />employees are treated during employment, without regard to the above mentioned characteristics.
<br />Such action shall include, but not be limited to the following: employment upgrading, demotion, or
<br />transfer, recruitment or recruitment advertisings; lay-ofts or terminations; rates of payor other forms
<br />of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to
<br />post in conspicuous places, available to employees and applicants for employment, notices to be
<br />provided by the contracting officer setting forth provisions of this non-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, marital 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 contract 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 fumish 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 />
<br />Ute Water Activity Enterprise and
<br />Ute Water Conservancy District
<br />
<br />Page 11 of13
<br />
|