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<br />perfonmince of the contract and in addition, shall provide that if the CONlRACTOR or his subcontractors fail to duly pay for any labor. materials, team
<br />hire. sustenance, provisions. provender or other supplies used or consumed by such CONTRACTOR or his subcontractor in performance of the work
<br />contracted to be done or fails to pay any 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 of eight per cent per annum. Unless
<br />such bond is executed, delivered and filed. no claim in favor of the CONTRACTOR arising under such contract shall be audited. allowed or paid. A
<br />certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This
<br />provision is in compliance with CRS 38-26-106.
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<br />15. Indemnification. To the extent authorized by law, the CONTf\ACTOR shall indemnify, save, and hold harmless the STATE, its employees
<br />and agents, against any and aU claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any
<br />act or omission by the CONTRACTOR, or tts employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
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<br />16. Discrimination and effirmetive action. The CONTRACTOR agrE!es to comply with the letter and spirit of the Colorado Antidiscrimination
<br />Act of 1957, as amended. and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402). and as required
<br />by Executive Order, Equal Opportunity and Affirmative Action. dated April 16, 1975. Pursuant thereto, the following provisions shall be contained
<br />in all STATE contracts Of sub-contracts.
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<br />During the performance of this contract, the CONTRACTOR agrees as follows:
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<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 physie;al handicap, or age. The CONTRACTOR will take affirmative action to insure
<br />that applicants are employed, and that 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 transfer, recruitment or recruitment
<br />advertisings; lay-offs or terminations; rates of payor other forms of compensation; and selection for training, including apprenticeship.
<br />The CONTRACTOR agrees to post in conspicuous places. available to employees and applicants for employment, notices to be provided
<br />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 all
<br />qualified applicants will receive consideration for employment without regard to race, creed, color, national origin. sex, martial status,
<br />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' representative
<br />of the CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of
<br />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, regt.dations 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 of
<br />investigation to ascertain compliance wtth such rules. regullltions and orders.
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<br />e. A labor organization will not exclude any individual otherwise qualified from full 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 af1y 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 contract to 6e 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, termin~ted or suspended in whole or in part and the CONTRACTOR may be declared
<br />ineligible for further STATE contracts in accordance with pro~edures, authorized in Executive Order. Equal Opportunity and Affirmative
<br />Action of April 16, 1975 and the rules, regulations. or orders promulgated in accordance therewith, and such other sanctions as may
<br />be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975.
<br />or by rules, regulations, or orders promulgated in accordance therewith. or as otherwise provided by law.
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<br />h. The CONTRACTOR will include the provisions of paragraphs la) through {hi in every sub-contract and subcontractor purchase order
<br />unless exempted by rules, regulations, or orders issued purSIJant to Executive Order, Equal Opportunity and Affirmative Action of April
<br />16, 1975, so that such provisions will be binding upon each subcontractor or vendor_ The CONTRACTOR will take such action with
<br />respect to any sub-contracting or purchase order as the ccmtracting agency may direct, as a means of enforcing such provisions,
<br />including sanctions for non-compliance; provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with.
<br />litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the CONTRACTOR may request the
<br />State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
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<br />17. Colorado labor preference
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<br />Purgatoire River Water Conservancy District
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