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<br />responsible for the accuracy and completeness of any of said documents.
<br />
<br />11. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of any
<br />other term, or of any subsequent breach of the same term.
<br />
<br />12. Addresses for mailing. All notices, correspondence, or other documents required by this contract
<br />shall be delivered or mailed to the following addresses:
<br />
<br />For the STATE:
<br />
<br />For the BORROWER:
<br />
<br />Upper Yampa Water Conservancy District
<br />P.O. Box 0339
<br />Steamboat Springs, CO 80488
<br />
<br />Colorado Water Conservation Board
<br />Attn.: Construction Fund Section
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />D. Special provisions (1993 version) "'("\
<br />
<br />1. Controller's Approval. This contract shall not ~~Yd until it shall have been approved
<br />by the Controller of the State of Colorado or suc~as m esignate. This provision is
<br />applicable to any contract involving the payment of mo t e .
<br />
<br />2. Fund Availability. Financial obligations of t~~ olorado payable after the current fiscal
<br />year are contingent upon funds for that purpo~>>; appropriated, budgeted, and otherwise made
<br />available.
<br />
<br />3. Bond Requirement. If this contract involves the payment of more than fifty thousand doltars for
<br />the construction, erection, repair, maintenance, or improvement of any building, road, bridge,
<br />viaduct, tunnel, excavation or other public work for this STATE, the CONTRACTOR shall, before
<br />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
<br />surety to be approved by said official in a penal sum not less than one-half of the total amount
<br />payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
<br />surety conditioned upon the faithful performance of the contract and in addition, shall provide that if
<br />the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire,
<br />sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR or his
<br />subcontractor in performance of the work contracted to be done or fails to pay any person who
<br />supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pC;ly the
<br />same in an amount not exceeding the sum specified in the bond, together with interest at the rate
<br />of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of
<br />the CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or
<br />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 />
<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and
<br />hold harmless the STATE, its employees and agents, against any and all claims, damages. liability
<br />and court awards including costs, expenses, and attorney fees incurred as a result of any act or
<br />omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to
<br />the terms of this contract.
<br />
<br />5. Discrimination And Affirmative Action. The CONTRACTOR agrees to comply with the letter and
<br />spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
<br />respecting discrimination and unfair employment practices (C.R.S. 24-34-402), and as required by
<br />
<br />
<br />Upper Yampa Water Conservancy District
<br />
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