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<br />contract shall be delivered or mailed to the following addresses:
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<br />For the STATE:
<br />Colorado Water Conservation Board
<br />Sherman Street, Room 721
<br />Denver, CO 80203
<br />Attn,: Construction Fund Section
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<br />For the CONTRACTOR:
<br />Southeastem Colorado Water & Storage
<br />Needs Assessment Enterprise
<br />p, 0, Box 440
<br />Pueblo, CO 81002
<br />Attn,: Steve Arveschoug
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<br />M. 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 Controller of the State of Colorado 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 shall,
<br />before entering upon the performance of any such work included in this contract, duly execute
<br />and deliver to the STATE official who will sign the contract, a good and sufficient bond or other
<br />acceptable surety to be approved by said official in a penal sum not less than one-half of the
<br />total amount payable by the terms of this contract. Such bond shall be duly executed by a
<br />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
<br />labor, materials, team hire, sustenance, provisions, provendor or other supplies used or
<br />consumed by such CONTRACTOR or his subcontractor in performance of the work contracted to
<br />be done or fails to pay any person who supplies rental machinery, tools, or equipment in the
<br />prosecution of the work the surety will pay the same in an amount not exceeding the sum
<br />specified in the bond, together with interest at the rate of eight per cent per annum, Unless
<br />such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under
<br />such contract shall be audited, allowed or paid, A certified or cashier's check or a bank money
<br />order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.
<br />This provision is in compliance with CRS 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, damages,
<br />liability and court awards including costs, expenses, and attorney fees incurred as a result of
<br />any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or
<br />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 Antidiscrimination Act of 1957, as amended, and other applicable
<br />law respecting discrimination and unfair employment practices (CRS 24-34-402), and as
<br />required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975,
<br />Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub-
<br />contracts,
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<br />During the performance of this contract, the CONTRACTOR agrees as follows:
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