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Colorado Water Consenration Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />SPECIAL PROVISIONS <br />The Special Provisions apply to all contracts except where noted in italics. <br />1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This contract shall not be deemed valid until it has <br />been approved by the Colorado State Controller or designee. <br />2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the <br />cuRent fscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br />made available. <br />3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards including costs, expenses, and <br />attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, <br />agents, subcontractors, or assignees pursuant to the terms of this contract. <br />jApplicable Onty to Intergovemmental Contracts] No teRn or condition of this contract shall be <br />construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefds, <br />protection, or other provisions, of the Colorado Govemmental Immunity Act, CRS §24-10-101 et seq., or the <br />Fedsral Tort Claims Act, 28 U.S.G. 2671 et seq., as applicable, as npw or hereafter amended. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an <br />independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor <br />shall be or shall be deemed to be an agent or employee of the state. Contractc�r shall pay wh�n due all <br />required employment taxes and income taxes and local head taxes on any monies paid by the state <br />pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to <br />unemployment insurance benefds unless contractor or a third party provides such coverage and that the <br />state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express <br />or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth <br />herein. Contractar shall provide and keep in force workers' campensation (and provide proof of such <br />insurance when requested by the state) and unemployment compensafion insurance in the amounts <br />required by law and shall be solely responsible for its acts and those of ita employeeS and agents. <br />5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable <br />State and federal laws respecting discrimination and unfair employment practices. <br />6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant <br />thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of <br />this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra- <br />judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be <br />considered null and void. Nothing contained in any provision incorporated herein by reference which <br />purports to negate this or any other special provision in whole or in part shall be valid or enforceable or <br />available in any action at taw, whether by way af complaint, defense, or othervvise. My provision r'endered <br />null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent <br />that this contract is capable of execution. At all times during the performance of this contract, Contractor <br />shall strictly adhere to all applicable federal and State laws, rules, and regulations #hat have been or may <br />Loan Contract C150Z76 <br />Page 9 of 11 <br />