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<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,
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<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 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.
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<br />INDEMNIFICATION
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<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
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<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,
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<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
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