|
<br />terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned
<br />upon the faithful performance of the contract and in addition, shall provide that if the CONTRACTOR or
<br />his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions,
<br />provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor in .
<br />performance of the work contracted to be done or fails to pay any person who supplies rental
<br />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
<br />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
<br />check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in
<br />lieu of a bond. This provision is in compliance 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
<br />court awards including costs, expenses, and attorney fees incurred as a result of any act or omission
<br />by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the terms of
<br />this contract.
<br />
<br />5. Discrimination And Affirmative Action. The CONTRACTOR agrees to comply with the letter and
<br />spirit ofthe Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair employment practices (C.R.S. 24-34-402), and as required by Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following
<br />provisions shall be contained in all STATE contracts or sub-contracts.
<br />
<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
<br />because of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or
<br />physical handicap, or age. The CONTRACTOR will take affirmative action to insure that applicants
<br />are employed, and that employees are treated during employment, without regard to the above
<br />mentioned characteristics. Such action shall include, but not be limited to the following:
<br />employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or
<br />terminations; rates of payor other forms of compensation; and selection for training, including
<br />apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees
<br />and applicants for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non-discrimination clause.
<br />
<br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf
<br />of the CONTRACTOR, state that all qualified applicants will receive consideration for employment
<br />without regard to race, creed, color, national origin, sex, martial status, religion, ancestry, mental
<br />or physical 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 furnish all information and reports required by Executive
<br />Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations
<br />and 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 />
<br />The Horse Creek Water Users Association
<br />
<br />Page 9 of 11
<br />
<br />Loan Contrac)
<br />
|