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<br />documents, the BORROWER and its CONSULTANT, in preparing any such documents shall be solely
<br />responsible for the accuracy and completeness of any of said documents.
<br />
<br />12. Addresses for mailing. All notices, correspondence, or other documents required by this contract
<br />shall 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 />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />Consolidated Extension Canal Company
<br />c/o Public Service Company of Colorado
<br />Attn: Don Halffield or Virginia Trujillo
<br />550 15th Street, Suite 900
<br />Denver, CO 80202-4256
<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
<br />Controller of the State of Colorado or such assistant as he may designate. T . ision is applicable to any
<br />contract involving the pqym~nt of money by the STATE.
<br />
<br />
<br />rrent fiscal year are
<br />de available.
<br />
<br />2. Fund availability. ,,'FinanciaLgb1igations of the State of Colora
<br />contingent upon funds for that purpo~~beingappropriated, budget
<br />". ,~'~.?).J;.'_'_
<br />
<br />3. Bond requirement. If Ibis cOrltr~dt involves the pa thousand dollars for the
<br />construction, erection, repE!ir, maintenance, orim rove , road, bridge, viaduct, tunnel,
<br />excavation or other public work for this STAr NT - ore entering upon the performance
<br />of any sucl1 work inclu'ded in this contr , ute" r to the STATE official who will sign the
<br />contract, a' good and sufficient bond or ottl ble su ", 'to be-approved by said official in a penal sum
<br />not less than one-half of the total amount p y therms of this contract. Such bond shall be duly
<br />executed by a qualified, corporate surety' con upol1,the faithful performance of the contract and in
<br />addition, shall provide that if the CONTRACTOR or subcontractors fail to duly pay for any labor, materials,
<br />team hire, sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR or
<br />his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies
<br />rental machinery, tools, or equipment in the prosecution of the workJhe surety will pay the same in an
<br />amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per
<br />annum. Unless such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising
<br />under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order
<br />payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in
<br />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
<br />harmless the STATE, its employees and agents, against any and all claims, damages, liability and court
<br />awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the
<br />CONTRACTOR, or its employees, agents, subcontractors, or assignees 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
<br />Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and
<br />unfair employment practices (C.R.S. 24-34-402), and as required by Executive Order, Equal Opportunity and
<br />Affirmative Action, dated April 16, 1975. Pursuant theretq, the following provisions shall be contained in all
<br />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
<br />race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, or
<br />age. The CONTRACTOR will take affirmative action to insure that applicants are employed, and that
<br />employees are treated during employment, without regard to the above mentioned characteristics. Such
<br />action shall include, but not be limited to the following: employment upgrading, demotion, or transfer,
<br />
<br />The Consolidated Extension Canal Company
<br />
<br />Page 9 of 11
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<br />Loan Contract
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