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<br />12, Addresses for mailing. All notices, correspondence, or other documents required by this
<br />contract shall be delivered or mailed to the following addresses:
<br />
<br />For the STATE: For the BORROWER:
<br />
<br />Colorado Water Conservation Board City of Fort Morgan, Colorado, Water
<br />Attn: Construction Fund Section Works and Distribution Enterprise
<br />1313 Sherman Street, Room 721 Attn: Utilities Director
<br />Denver, CO 80203 P.O. Box 100, 710 E. Railroad
<br />Fort Morgan, CO 80701
<br />
<br />D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these
<br />Special Provisions in every STATE contract, including grants.
<br />
<br />Controller's Approval
<br />
<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
<br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving the
<br />payment of money by the STATE.
<br />FUND AVAILABILITY
<br />
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds
<br />for that purpose being appropriated, budgeted, and otherwise made available.
<br />BOND REQUIREMENT
<br />
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work
<br />for this STATE, the CONTRACTOR shall, before entering upon the performance of any such work included in
<br />this contract, duly execute and deliver to the STATE official who will sign the contract, a good and sufficient
<br />bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the
<br />total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
<br />corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that
<br />if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance,
<br />provisions, provender or other supplies used or consumed by such CONTRACTOR or his subcontractor in
<br />performance of the work contracted to be done or fails to pay any person who supplies rental machinery,
<br />tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding
<br />the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such
<br />bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall
<br />be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer
<br />of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-
<br />26-106.
<br />INDEMNIFICATION
<br />
<br />4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its
<br />employees and agents, against any and all claims, damages, liability and court awards including costs,
<br />expenses, and attomey fees incurred as a result of any act or omission by the CONTRACTOR, or its
<br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />DISCRIMINATION AND AFFIRMATIVE AcnON
<br />
<br />5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S.
<br />24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
<br />1975. Pursuant 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
<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.
<br />Such action shall include, but not be limited to the following: employment upgrading, demotion, or
<br />transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other forms of
<br />compensation: and selection for training, including apprenticeship. The CONTRACTOR agrees to post in
<br />
<br />City of Fort Morgan, Colorado &
<br />City of Fort Morgan, Colorado, Water Works and Distribution Enterprise
<br />
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