|
<br />'.
<br />
<br />c.
<br />
<br />r.,-..
<br />~, . .
<br />
<br />3. Bond requirement. If this contact Involves the payment of more than fifty thousand dOllars for the construction
<br />erection, repair, maintenance, or Improvement of any bUilding, road, bridge, viaduct, tunnel, excavation or other pUblic
<br />work for this STATE, the CONTRACTOR shall, before entering L1Pon the performance of any such work included in this contract,
<br />duly execute and deliver to the STATE official who will sign the contract, a good and sufficient bond or other acceptable
<br />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
<br />this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance
<br />of the contract and In 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 CONTRACTOR or his
<br />subcontractor In performance of the work contracted to be done or fails to pay any person who supplies rental machinery,
<br />tools, or equipment In the prosecution of the work the surety will pay the same in an amount not exceeding the sum
<br />specified In the bond, together with Interest at the rate of eight per cent per annum, Unless such bond Is executed,
<br />delivered and filed, no claim In favor of the CONTRACTOR 3rlslng under such contract shall be audited, allowed or paid, A
<br />certified or cashier's check or a bank money order paya~le to the Treasurer of the state of COlorado may be accepted in
<br />lieu of a bond. This provision is In compliance with CRS 38-26-106.
<br />4. Indemnification. TO the extent authorized by law, the CONTRACTOR Shall Indemnify, save, and hold harmless the
<br />STATE, Its employees and agents, against any and all claimS, damages, liability and court awards including costs, expenses,
<br />and attorney fees Incurred as a result of any act or omis~ion by the CONTRACTOR, or Its employees, agents, subcontractors,
<br />or assignees pursuant to the terms of this contract.
<br />5. Discrimination and aHirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the
<br />Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair
<br />employment practices (CRS 24-34-4021, and as required by ~xecut1ve 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.contracts.
<br />During the perfOrmance of this contract, the CONTRACTOR agrees as follows:
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,
<br />creed, color, national origin, sex, martial statuS, religiOn, ,ancestry, mental or physical handicap, or age. The
<br />CONTRACTOR will take affirmative action to insure that alJplica~ts are employed, and that employees are treated
<br />during employment, without regard to the above ment'o"~c characteristics. Such action shall include, but not
<br />be limited to the following: employment upgradif'lg, deMotion, or transfer, recruitment or recruitment
<br />advertisings; lay-offs or terminations; rates of payor ether, forms of compensation; and selection for training,
<br />Including apprenticeship. The CONTRACTOR agrees to ~CJ5L In conspicuous places, avaliable to employees and
<br />applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non.
<br />discrimination clause. , " .
<br />b. The CONTRACTOR will, In all solicitations or advertlrerr.snt for employees placed by or on behalf of the
<br />CONTRACTOR, state that all qualified applicants will recelVill:CJnslUeration for employment without regard to race,
<br />creed, color, national origin, sex, martial status, religlot).'ance.,trv, mental or physical handicap, or age.
<br />, ,<
<br />c. The CONTRACTOR will send to each labor union or r~pf~SQntative of workers with which he has a collective
<br />bargaining agreement or other contract or understanqing., !'lOtlce to be provided by the contracting officer,
<br />advising the labor union or workers' representative of too -CCNll!ACTOR'S commitment under the Executive Order,
<br />Equal Opportunity and Affirmative Action, dated April 16, ~~7'S,.and Of the rules, regulations, and relevant Orders
<br />of the Governor. . I l' : .
<br />d. The CONTRACTOR and labor unions will furnish alllnfq.rmatlon and reports required by Executive Order, Equal
<br />Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor,
<br />or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and
<br />the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,
<br />regulations and orders.
<br />e, A labor organization will not exclude any Individual otherwise qualified from full membership rights in such
<br />labor organization, or expel any such Individu~1 from membership in such labor organization or discriminate
<br />against any of Its members In the full enjoyment of WOrk opportunity because of race, creed, color, sex, national
<br />origin, or ancestry.
<br />f. A labor organization, or the employees or members thereof will not aid, abet, Incite, compel or coerce the
<br />doing of any act defined In this contract to be discriminatory or obstruct or prevent any person from complying
<br />with the provisions of this contract or any order issued thereunder; or attempt. either directly or indirectly, to
<br />commit any act defined in this contact to be di;crlminatory.
<br />g. In the event of the CONTRACTOR'S non-compli3nce with the non.discrimination clauses of this contract or with
<br />any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in
<br />part and the CONTRACTOR may be declared ineligible for further STATE contracts In accordance with procedures,
<br />authOrized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,
<br />regulations, or orders promulgated In accordance therewith, and such other sanctions as may be imposed and
<br />remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April
<br />16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by
<br />law. .. .
<br />h. The CONTRACTOR will Include the provisions of paragraphs (al through (hi in every sub-contract and
<br />subcontractor purchase order unless exempted bY rules, regulations, or orders issued pursuant to Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon eaCh
<br />subcontractor or vendor. The CONTRACTOR will take such action with respect to any sub-contracting or purchase
<br />
<br />HAY-BRETHERTON DITCH COMPANY
<br />
<br />Page 7 of 8
<br />
<br />LOAN CONTRACT
<br />
|