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<br />e <br /> <br />e <br /> <br />and various other technical and legal documents. The CWCB's review of these <br />documents is only for the purpose of verifying BORROWER'S compliance with this Contract <br />and shall not be construed or interpreted as a technical review or approval of the actual <br />design or construction of the PROJECT. Notwithstanding any consents or approvals given <br />to the BORROWER by the CWCB on any such documents, BORROWER and its CONSULTANT, <br />by preparing any such documents, shall be solely responsible for the accuracy and <br />completeness of any of said documents, <br /> <br />12. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any other term, or of any subsequent breach of the same term. <br /> <br />13, Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the addresses shown in the Project Summary, <br />Section 1 for the Borrower and to the address below for the CWCS: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1314 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 />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 the <br />payment of money by the STATE. <br /> <br />FUND AVAilABILITY <br /> <br />2, Financial obligations of the State 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, viaduct, tunnel, excavation or other <br />public work for this STATE, the CONTRACTOR shall, before entering upon the performance of any such work <br />included in this contract, duly execute and deliver to the STATE official who will sign the contract, a good <br />and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than <br />one-half of the 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 addition, shall <br />provide that if 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 or his <br />subcontractor in performance of the work contracted to be done or fails to pay any person who supplies <br />rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an <br />amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per <br />annum. Unless such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising <br />under 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. This provision <br />is in compliance with C.R.S. 38-26-106. <br /> <br />Page 10 of 13 <br /> <br />Loan Contract <br />