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<br />. <br /> <br />. <br /> <br />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 /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br /> <br />Provisions in every STATE contract, including grants, <br /> <br />Controller's Approval <br /> <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 /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the Swte of Colorado payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <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, viadupt, 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 contfact 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 be accepted in lieu of a <br />bond, This provision is in compliance with C.R.S. 38-26-106. <br /> <br />INDEMNIFICATION <br /> <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, liability 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 /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <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 ActiDn, <br />dated April 16, 1975, Pursuant thereto, the following provisions shall be contained in all STATE contracts <br />or sub-contracts, <br /> <br />During the performance of this contract, the CONTRACTOR agrees as follows: <br /> <br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because <br /> <br />Page 9 of 11 <br />