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<br />For the STATE:
<br />
<br />For the BORROWER:
<br />
<br />Colorado Water Conservation Board
<br />Attn.: Construction Fund Section
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />The Wood Lake Mutual Water &
<br />Irrigation Company
<br />12315 Weld County Road 72
<br />Eaton, CO 80615
<br />
<br />D. Special provisions (1997 version)
<br />
<br />,. 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. This provision is applicable
<br />to any contract involving the payment of money by the STATE.
<br />
<br />2. Fund Availability. Financial obligations of the State of Colorado payable after the current fiscal year
<br />are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />available.
<br />
<br />3. Bond Requirement. If this contract involves the payment of more than fifty thousand dollars for the
<br />construction, erection, repair, maintenance, or improvement of any building, road, bridge. viaduct,
<br />tunnel, excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon the
<br />performance of any such work included in this contract, duly execute and deliver to the STATE official
<br />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.
<br />Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful
<br />performance of the contract and in addition, shall provide that if the CONTRACTOR or his subcontractors
<br />fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies
<br />used or consumed by such CONTRACTOR or his subcontractor in performance of the work contracted to
<br />be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution
<br />of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,
<br />together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered
<br />and filed, no claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed or
<br />paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br />Colorado may be 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
<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
<br />contract.
<br />
<br />5. Discrimination And Affirmative Action. The CONTRACTOR agrees to comply with the letter and spirit
<br />of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
<br />discrimination and unfair employment practices (C.R.S. 24-34-402), and as required by Executive
<br />Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following
<br />provisions shall be contained in all STATE contractsor sub-contracts.
<br />
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because
<br />of race, creed. color, national origin, sex, martial status, religion, ancestry, mental or physical
<br />
<br />The Wood Lake Mutual
<br />Water and Irrigation Company
<br />
<br />Page 11 of 14
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<br />Loan Contract
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