<br />11. 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:
<br />
<br />For the BORROWER:
<br />
<br />Colorado Water Conservation Board
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />South Platte Ditch Company
<br />Route 1, Box 106
<br />Merino, CO 80741
<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 Comroller of the State of Colorado or such
<br />assistant as he may designate. This provision is applicable 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 are contingent upon funds for lhat purpose being
<br />appropriated. budgeted, and otherwise made available.
<br />
<br />3. Bood requirement. If this contract involves the paymem of mOTe than fifty thousand dollars for the conslruclion, ereclion, repair, maintenance. or
<br />improvement of any building, road. bridge. viaduct. tunnel, excavation or other public work for this STATE. the COI'ITRACfOR shall. before entering upon the
<br />performance of any such work. included in this contract, duly execute and deliver to the STATE official who will sign the contract, a good and sufficient bond or
<br />other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond
<br />shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the CONTRACTOR
<br />or his subcontractors fail to duly pay for any labor, materials, team hire. sustenance, provisions, provendor or other supplies used or consumed by such CONTRA("TOR
<br />or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplie$ rental machinery, tools, or equipment in the
<br />prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the rate of eight per cent
<br />per annum. Unless such bond is executed, delivered and filed. no claim in faVOr of the COI'ITRACTOR arising under such contract shall be audited, allowed or p<lid.
<br />A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision 1$ in
<br />compliance with C.R.S. 38-26-106.
<br />
<br />4. Indemnification. To the extent authorized by law, the CONTRAC1"OR shall indemnify. save, and hold harmless lhe STATE, iLS employees and agcll!~.
<br />against any and all claims, damages, liability and court 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 Colorado AntidiscriminationAcL of 195i.
<br />as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. 24-34-402). and as required by Executive Order. Equal
<br />Opportunity and Affirmative Action, dated April 16, 1975. Pursuant th~reto. th~ following provisions shall be contained in all STATE contracts or sub-corurac/J
<br />
<br />During the performance of lhis contract, the COI'ITRACfOR agrees as follows:
<br />
<br />a. The COI'ITRACTOR will not discriminate against any employee or applicant for employment because of race. creed. color. national origin. sex, martiOlI
<br />status. religion, ancestry, mental or physical handicap, or age. The COI'ITRACTOR will take affirmative action to insure that applicants are employed,
<br />and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but nO! be limited
<br />to the following: employment upgrading, demotion, or transfer, recruiunent or recruiunent adverlisings; lay-offs or terminations; rates of payor other
<br />forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available LO
<br />employees and applicants for employment. notices to be provided by the contracting officer setting forth provisions of this nonodiscriminationclause.
<br />
<br />b. The CONTRACTOR will, in all solicitations or advertisemenLS for employees placed by or on behalf of the CONTRACTOR, state that all qualified
<br />applicants will receive consideration for employment wilhout regard to race. creed, color, national origin. sex. martial status, religion. ancestry, mental
<br />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 agreement or other contract
<br />or understanding, notice to be provided by the contracting officer , advising the labor union or workers' representativcof the CONTRACTOR'S commitment
<br />under the Executive Order. Equal Opportunity and Affirmative ACtion. dated April 16, 1975, and of the rules. regulations, and relevant Orders of the
<br />Governor.
<br />
<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by ExecutiveOrder, Equal Opportunity and AffIrmative Action
<br />of April 16, 1975, and by the rules. regulations and Orders of the Governor. or pursuant thereLO. and will permit access to his books, records. and
<br />accounts by the contracting agency and lhe office of the Governor or his designee for purposes of investigation LO ascertain compliance with such rules.
<br />regulations and orders.
<br />
<br />e. A labor organization wi\l not exclude any individual otherwise qualified from full membership righLS in such labor organization, or expel any such
<br />individual from membership in such labor organization or discriminate against any of iLS members in the full enjoyment of work. opportunity because
<br />of race. creed. color. sex, national origin, or ancestry.
<br />
<br />r. A labor organization. or the employees or members thereof will not aid, abel, incite, compel or coerce the doing of any act defined in this contract
<br />to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attcmpt,
<br />either directly or indirectly, to commit any act defined in this COntract to be discriminatory.
<br />
<br />g. In the event of the CONTRACTOR'S non-compliance with the nonodiscrimination clauses of this contract or with any of such rules, regulations. or
<br />orders, this contract may be canceled. terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further STATE
<br />
<br />South Platte Ditch Company
<br />
<br />Page 10 of 11
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<br />Loan Contract
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