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CONSULTANT preparing any such documents shall be solely responsible for the accuracy and completeness of <br /> any of the construction documents. <br /> 11. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall <br /> be delivered or mailed to the following addresses: <br /> For the STATE: For the BORROWER: <br /> Colorado Water Conservation Board Morgan County Quality Water District <br /> 1313 Sherman S t, Room 721 P. O. Box 1218 <br /> Denver, CO 80 Fort Morgan, CO 80701 <br /> D. Special provisions (1993 ve ' . '.1)11- <br /> 1. Controller's apI is s b emed valid until it shall have been approved by the Controller of the <br /> State of Colorado or suc, is nt a s ate his provision is applicable to any contract involving the payment of <br /> money by the STATE. <br /> 2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br /> funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> 3. Bond requirement. 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 public work for this STATE, <br /> the CONTRACTOR shall, before entering upon the performance of any such work included in this contract,duly execute and deliver <br /> to the STATE official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said <br /> official in a penal sum not 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 addition, shall provide <br /> that if the CONTRACTOR or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor <br /> or other supplies used or consumed by such CONTRACTOR or his subcontractor in performance of the work contracted to be done <br /> or fails to pay any person who supplies rental machinery,tools, or equipment in the prosecution of the work the surety will pay <br /> 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. <br /> Unless such bond is executed,delivered and filed,no claim in favor of the CONTRACTOR arising under such contract shall be audited, <br /> allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be <br /> accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106. <br /> 4. indemnification. To the extent authorized by law,the CONTRACTOR shall indemnify,save,and hold harmless the STATE, <br /> its employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,and attorney <br /> fees incurred as a result of any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees <br /> pursuant to the terms of this contract. <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 <br /> (C.R.S.24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975. Pursuant <br /> 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, creed, <br /> color, national origin, sex,martial status,religion, ancestry, mental or physical handicap, or age. The CONTRACTOR will <br /> take affirmative action to insure that applicants are employed, and that employees are treated during employment, <br /> without regard to the above 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 terminations;rates of <br /> pay or other forms of compensation;and selection for training,including apprenticeship. The CONTRACTOR agrees to post <br /> in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting <br /> officer setting forth provisions of this non-discrimination clause. <br /> b. The CONTRACTOR will,in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, • <br /> state that all qualified applicants will receive consideration for employment without regard to race,creed,color, national <br /> origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. <br /> c. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining <br /> agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union <br /> Morgan County Quality Water District Page 7 of 9 Loan Contract <br />