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<br />CONSULTANT preparing any such documents shall be solely responsible for the accuracy and completeness of <br />any of the construction documents. <br /> <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 /> <br />For the STATE: <br /> <br />For the BORROWER: <br /> <br />Colorado Water Conservation Board <br />1 313 Sherman Street; Room 721 <br />Denver, CO B0203 <br /> <br />Morgan County Quality Water District <br />P. O. Box 121B <br />Fort Morgan, CO 80701 <br /> <br />D. Special provisions (1993 version) <br /> <br />1 . Controller's approval. This contract shall not be deemed valid until it shall have been approved by the Controller of the <br />State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of <br />money by the STATE. <br /> <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 /> <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 ar1Y such work included in this contract, duly execute and deliver <br />to the STATE official who will sign the contract, a good and sufflcient 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 fai1hful 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 bonct. 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 /> <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, lial>ility 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 /> <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. 24-34~4021, 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 /> <br />During the performance of this contract, the CONTRACTOR agrees as follows: <br /> <br />a. The CONTRACiOR 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 />payor other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post <br />in conspicuous places, available to employees and applic~lOts for employment, notices to be provided by the contracting <br />officer setting forth provisions of this non-discrimination clause. <br /> <br />b. The CONTRACTOR will, in all solicitations or advertisernents 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 /> <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 /> <br />Morgan County Quality Water District <br /> <br />Page 7 of 9 <br /> <br />Loan Contract <br />