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13. Addresses for mailing. All notices, correspondence, or other documents required by this
<br /> contract shall be delivered or mailed to the addresses shown in the Project Summary, Section
<br /> 1 for the Borrower and to the address below for the State:
<br /> Colorado Water Conservation Board
<br /> Attn: Construction Fund Section
<br /> 1313 Sherman Street, Room 721
<br /> Denver, CO 80203
<br /> SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special
<br /> Provisions in every STATE contract, including grants.
<br /> Controller's Approval
<br /> 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
<br /> Colorado or such assistant as he may designate. This provision is applicable to any contract involving
<br /> the payment of money by the STATE.
<br /> FUND AVAILABILITY
<br /> 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
<br /> funds for that purpose being appropriated, budgeted, and otherwise made available.
<br /> BOND REQUIREMENT
<br /> 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
<br /> repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other
<br /> public work for this STATE, the CONTRACTOR shall, before entering upon the performance of any such
<br /> work included in this contract, duly execute and deliver to the STATE official who will sign the contract, a
<br /> good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not
<br /> less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly
<br /> executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in
<br /> addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor,
<br /> materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such
<br /> CONTRACTOR or his subcontractor in performance of the work contracted to be done or fails to pay any
<br /> person 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 at the rate
<br /> of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the
<br /> CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or cashier's check
<br /> or a bank money order payable to the Treasurer of the State of Colorado may accepted in lieu of a
<br /> bond. This provision is in compliance with C.R.S. 38-26-106.
<br /> INDEMNIFICATION $~te r p
<br /> 4. 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; Itability'and; court awards including
<br /> costs, expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, or its
<br /> employees, agents. subcontractors, or assignees pursuant to the terms of this contract.
<br /> DISCRIMINATION AND AFFIRMATIVE ACTION
<br /> 5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of
<br /> 1957, as amended, and other applicable law respecting discrimination and unfair employment practices
<br /> (C.R.S. 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action,
<br /> dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in all STATE contracts
<br /> or sub-contracts.
<br /> During the performance of this contract, the CONTRACTOR agrees as follows:
<br /> a. The CONTRACTOR will not discriminate against any employee or applicant for employment because
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