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contract shall be delivered or mailed to the following addresses:
<br />For the STATE:
<br />For the BoRROwER:
<br />Colorado Water Conservation Board Rodney J. Preisser
<br />Attn: Construction Fund Section 90 South Cascade Avenue, Suite 950
<br />1313 Sherman Street, Room 721 Colorado Springs, CO 80903
<br />Denver, CO 80203
<br />D. SPECIAL PROVISIONS (6/97 version). These Special Provisions �te re�uired by Fiscal Rule 3-1 to
<br />be used in every State contract, including grants. �,{ �' -.�
<br />CONTROLLER'S APPROVAL � � •.
<br />y k
<br />1. This contract shall not be deemed valid until it shall ha�ve.�een a�iproved by f�ie Controller of the
<br />State of Colorado or such assistant as he may designa�e � Th�s,provis�on is applicable to any
<br />contract involving the payment of money by the STATE. �� ;+ �' �`
<br />FUND AVAILABILITY R - '
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are
<br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />available.
<br />BOND REQUIREMENT
<br />3. If this contract 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,
<br />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
<br />official who will sign the contract, a good and sufficient bond or other acceptable surety to be
<br />approved by said official in a penal sum not less than one-half of the total amount payable by
<br />the terms of this contract. Such bond shall be duly executed by a qualified corporate surety
<br />conditioned upon the faithful performance of the contract and in addition, shall provide that if the
<br />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 CotvT�cTOR
<br />or his subcontractor in perFormance of the work contracted to be done or fails to pay any person
<br />who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will
<br />pay the same in an amount not exceeding the sum specified in the bond, together with interest
<br />at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no
<br />claim in favor of the CotvT�cTOR arising under such contract shall be audited, allowed or paid.
<br />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-
<br />106.
<br />INDEMNIFICATION
<br />4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the
<br />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
<br />by th@ CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the
<br />terms of this contract.
<br />Rodney J. Preisser Page 6 of 9 Loan Contract
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