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<br />of service, in accordance with a schedule of such charges formally adopted by the BORROWER
<br />through its ordinances or resolutions.
<br />
<br />11. Captions. That the captions and headings contained in this contract are for convenience
<br />and reference only ;:md shall not be construed so as to define or limit the terms or provisions
<br />contracted herein.
<br />
<br />12. STATE'S approval. This contract requires review and approval of plans, specifications, and
<br />various other technical and legal documents. The STATE'S review of these documents is only
<br />for the purpose of verifying the BORROWER'S compliance with this contract and shall not be
<br />construed or interpreted as a technical review or approval of the actual 'design or construction
<br />of the PROJECT. Notwithstanding any consents or approvals given to the BORROWER by the
<br />STATE on any such documents, the BORROWER and its CONSULTANT, in preparing any such
<br />documents shall be solely responsible for the accuracy and completeness of any of said
<br />documents.
<br />
<br />13. Addresses for mailing. All notices, correspondence, or other documents required by this
<br />contract shall be delivered or mailed to the following 'addresses:
<br />
<br />Forthe STATE: .eA,,~ BORROWER:
<br />
<br />Colorado Water ConselVation Board~~ine Ranches Property Owner's Association
<br />Attn: Construction Fund S~T'" D Attn:', President '
<br />1313 Sherman Street, RodIJ.l~' ,r,,",-_~I1, 1~r~'tpist?Wn Street
<br />Denver, CO 80203,';'" ; :: .V~Clty, CO 80022
<br />
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<br />D. SPECIAL PROVISIONS (6/97 version):' State Fiscal Rule 3-1' requires the inclusion of these
<br />Special 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 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
<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 contract 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 />Columbine Ranches Property Owner's Association
<br />
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