<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
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<br />Loan Contract
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