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<br />For the STATE:
<br />Colorado Water Conservation Board
<br />Alln: Brian Hyde, Flood Section
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />For the CONTRACTOR:
<br />North Fork River Improvement Association
<br />Alln: Jeffory Crane, Project Coordinator
<br />2917 L50 Lane
<br />HotchKiss, CO 81419
<br />
<br />N. SPECIAL PROVISIONS (6/97 version), State Fiscal Rule 3-1 requires the inclusion of these
<br />Special Provisions in every STATE contract, including contracts for nonreimbursable
<br />expenditures,
<br />
<br />Controller's Approval
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<br />1, This contract shall not be deemed valid until it shall have been approved by the Controller of
<br />the State of Colorado or such assistant as he may designate, This provision is applicable to
<br />any contract involving the payment of money by the STATE,
<br />
<br />FUND AVAILABILITY
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<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 />
<br />BOND REQUIREMENT
<br />
<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
<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
<br />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
<br />surety will pay the same in an amount not exceeding the sum specified in the bond, together
<br />with interest at the rate of eight per cent per annum, Unless such bond is executed, delivered
<br />and filed, no claim in favor of the CONTRACTOR arising under such contract shall be audited,
<br />allowed or paid, A certified or cashier's check or a bank money order payable to the
<br />Treasurer of the State of Colorado may be accepted in lieu of a bond, This provision is in
<br />compliance with C,R,S, 38-26-106,
<br />
<br />INDEMNIFICATION
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<br />4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless
<br />the 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
<br />omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees
<br />pursuant to the terms of this contract.
<br />
<br />DISCRIMINATION AND AFFIRMATIVE ACTION
<br />
<br />5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination
<br />Act of 1957, as amended, and other applicable law respecting discrimination and unfair
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