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<br />10. 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 />Attn: William P. stanton
<br />
<br />Rainbow park Water company
<br />1029 E. 5th. st
<br />Florence, CO 81226
<br />Attn: Fayne Long, President
<br />
<br />D. Special provisions 11993 version)
<br />
<br />1, Controller's approval. This contract Shall not be deemed valid until it shall have been approved by the Controller
<br />of the state of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the
<br />payment Df money ,bY the STATE.
<br />
<br />2. Fund availability. Financial obligations of the State Df ColDrado payable after the current fiscal year are contingent
<br />upon funds for that purpose being appropriated, budgeted, and otherwise made available.
<br />
<br />3. Bond requirement. If this contact involves the payment of more than fifty thousand dollars for the construction,
<br />erection, repair, maintenance, or Improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
<br />work for this STATE, the CONTRACTOR shall, before entering upDn the performance of any such work included in this contract,
<br />duly execute and deliver to the STATE official who will sign the contract, a good and sufficient bond or other acceptable
<br />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
<br />contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of
<br />the contract and in additiDn, shall provide that if the CDNTRACTOR or his subcontractors fail to duly pay for any labor, materials,
<br />team hire, sustenance, provisions, provender or other supplies used or consumed by such CONTIlACTOR or his subcontractor
<br />in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, toois, or
<br />equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in
<br />the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed,
<br />no claim in favor of the CONTIlACTOR arising under such contract shall be audited, allowed or paid. A certified or cashier's check
<br />or a bank money order payabie to the Treasurer of the State of COlorado may be accepted in lieu of a bond. This provision
<br />is in compliance with CRS 38.26.106.
<br />
<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall Indemnify, save, and hOld harmless the STATE,
<br />Its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and
<br />attorney fees incurred as a result of any act or omission by the CONTRACTOR, or Its employees, agents, subcontractors, or
<br />assignees pursuant to the terms of this contract.
<br />
<br />S. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado
<br />Antidiscrimination Act of 19S7, as amended, and other applicable iaw respecting discrimination and unfair employment
<br />practices ICRS 24.34.402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.
<br />Pursuant thereto, the following provisions shall be contained in all STATE contracts or 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 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
<br />following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay.offs or
<br />terminations; rates of payor other forms of compensation; and selection for training, inciuding apprenticeship,
<br />The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices
<br />to be provided by the contracting Officer setting forth provisions of this non.discrlmination clause.
<br />
<br />b. The CONTRACTOR wili, in all soiicitations or advertisements for employees placed by or on behalf of the CONTRACTOR,
<br />state that all qualified appiicants will receive consideration for employment without regard to race, creed, color,
<br />national origin, sex, martiai status, religion, ancestry, mental 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
<br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
<br />advising the iabor union Dr workers' representative of the CONTIlACTOR'S commitment under the Executive order,
<br />Equal opportunity and Affirmative Action, dated ADri116, 1975, and of the rules, regulations, and relevant Orders
<br />of the Governor.
<br />
<br />RAINBOW PARK WATER COMPANY
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<br />LOAN CONTRACT
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