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<br />other technical and legal documents. The STATE'S review of these documents is only for the purpose <br />of verifying BORROWER'S compliance with this contract and shall not be construed or interpreted asa <br />technical review or approval of the actual design or construction of the PROJECT rehabilitation. <br />Notwithstanding any consents or approvals given to the BORROWER bMe STATE. on any such <br />documents. ' .B.ORROWER and its CONSULTANT, by preparing any such d n :hll be solely <br />responsible for the accuracy and completeness of any of said documents. .J..I <br /> <br />25. Waiver. The waiver of any breach of a term of this contract shall:nINnsplai'ifNapr of any <br />other term,or of any subsequent breach of the same term. U .I...J,L <br /> <br />26. Addresses For Mailing. All notices, correspondence, or other documents required by this contract <br />shall be delivered or mailed to the following addresses: <br /> <br />F-Or the STATE: <br /> <br />For the BORROWER: <br /> <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Attn: Construction Fund Section <br /> <br />DeWeese-Dye Ditch and Reservoir Company <br />c/o Rose Moschetti, Secretary <br />1631 Chestnut Street <br />Canon City, CO 81212 <br /> <br />27. Special Provisions (1993 version) <br /> <br />A. Controller's Approval. This contract shall not be deemed valid until it shall have been approved by the <br />Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any <br />contract involving the payment of money by the STATE. <br /> <br />B. Fund Availability. 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 othelWise made available. <br /> <br />C. Bond Requirement. If this contract involves the. payment of lTIore than fifty thousand dollars for the <br />construction, 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 performance <br />of any such work included in this contract, duly execute and deliver to the STATE official who will sign the <br />contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum <br />not 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 contract and in <br />addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, <br />team hire, sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR or his <br />subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental <br />machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not <br />exceeding the sum 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 such contract <br />shall be audited, 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 compliance with <br />C.R.S.38-26-106. <br /> <br />D. Indemnification. 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 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 />E. Discrimination And Affirmative Action. The CONTRACTOR agrees to comply with the letter and spirit of the <br />Colorado Antidiscrimination Act of 1'957, as amended, anduther app1icable1aw respecting discrimination and <br />unfair employment practices (C.R.S. 24-34-402), and as required by Executive Order, Equal Opportunity and <br /> <br />Feasibility Study Loan Contract <br /> <br />Page 6 of 8 <br />