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<br /> 1 1 . Addresses for mailing. All notices, correspondence, or other documents required by this
<br /> contract shall be delivered or mailed to the following addresses:
<br /> For the STATE: For the BORROWER:
<br /> Colorado Water Conservation Board Beaver Park Water, Inc.
<br /> Attn: Construction Fund Section P. 0. Box 286
<br /> 1313 Sherman Street, Room 721 401 Broadway
<br /> Denver, CO 80203 Penrose, CO 81240
<br /> D. Special provisions (1993 version)
<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 /> 2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
<br /> funds foc 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 CoNTRAcjoihhallitideinnify, save,and hold harmless the STATE,
<br /> its employees and agents, against any and all claims,damages,liabili aft c t a ard8.1Y cluding rests,expenses, and attorney
<br /> fees incurred as a result of any act or omission by the CONTRACTO 1S or i s e A oyees, a�pnts;':°subcgntractors, or assignees
<br /> pursuant to the terms of this contract. t �" y ''t,
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<br /> 5. Discrimination and affirmative action. The CONTRACTOR agree to"dp y.tyith';tFte tier and spirit of the Colorado
<br /> Antidiscrimination Act of 1957, as amended,and other applicable lav�r?rgs cting'tli criir'#ination and unfair employment practices
<br /> (C.R.S.24-34-402),and as required by Executive Order,Equal OppottuAAit+y,and Affirrf ative 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 /> or workers' representative of the CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and
<br /> Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
<br /> Beaver Park Water, Inc. Page 10 of 12 Loan Contract
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