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<br />)
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<br />contract shall be delivered or mailed to the following addresses:
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<br />For the STATE: For the BORROWER:
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<br />Colorado Water Conservation Board Lower Arkansas Water Management Assn.
<br />1.313 Sherman Street, Room 721 P. O. Box 1161
<br />Denver, CO 80203 Lamar, CO 81052
<br />Alln: Construction Fund Section
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<br />Special Provisions (1993 version)
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<br />1. Controller's approval. This contract shall not be deemed valid until it shall have been
<br />approved by the Cont~oller of the State of Ci:llorado or such assistant as he may designate.
<br />This provision is applicable to any contract involving the payment of money by the STATE.
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<br />2. Fund availability. Financial obligations of the State of Colorado payable after the current
<br />fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
<br />otherwise made available.
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<br />3. Bond requirement. If this contract involves the payment of more than fifty thousand dollars
<br />for the construction, erection, repair, maintenance, or improvement of any building, road,
<br />bridge, viaduct, tunnel, excavation or other public work for this STATE, the CONTRACTOR
<br />shall, before entering upon the performance of any such work included in this contract, duly
<br />execute and deliver to the STATE official who will sign the contract, a good and sufficient
<br />bond or other acceptable surety to be approved by said official in a penal sum not less than
<br />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 cc>nditioned upon the faithful performance of the
<br />contract and in addition, shall provide that If the CONTRACTOR or his subcontractors fail to
<br />duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other
<br />supplies used or consumed by such CONTRACTOR or his subcontractor in performance of
<br />the work contracted to be done or fails to pay any person who supplies rental machinery,
<br />tools', or equipment in the prosecution of the work the surety will pay the same in an amount
<br />not exceeding the sum specified in the bond, together with interest at the rate of eight per
<br />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
<br />cashier's check or a bank money order payable to the Treasurer of the State of Colorado
<br />may be accepted in lieu of a bond. This prOVision is in compliance with C.R.S. 38-26-106.
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<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save,
<br />and hold harmless the STATE, its employees and agents, against any and all claims,
<br />damages, liability and court awards including costs, expenses, and attorney fees incurred
<br />as a result of any act or omission by the CONTRACTOR, or its employees, agents,
<br />sl,lbcontractors, or assignees pursuant to the terms of this contract.
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<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter
<br />and spirit of the Colorado Antidiscriminatiol') Act of 1957, as amended, and other applicable
<br />law respecting discrimination and unfair employment practices (C.R.S. 24-34-402), and as
<br />required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
<br />1975. Pursuant thereto, the following provisions shall be contained in all STATE contracts or
<br />sub-contracts.
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<br />During the performance of this contract, the CONTRACTOR agrees as follows:
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<br />a. The CONTRACTOR will not discrimil')ate against any employee or applicant for
<br />employment because of race, creed, color, national origin, sex, martial status, religion,
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<br />Feasibility Report Loan Contract
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