C150180 Contract

• Contract/PO #: C150180
• Contractor Name: Pinewood Springs Water District
• Contract Type: Loan
• Water District: 4
• County: Larimer
• Loan Projects - Doc Type: Contract Documents

the ORIGINAL CONTRACT, the provIsions of this Amendment shall in all respects
supersede, govern, and control. The SPECIAL PROVISIONS shall always be controlling
over other provisions in the contract or amendments. The representations in the
SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and
personal interest of STATE employees are presently reaffirmed.

SPECIAL PROVISIONS

The Special Provisions apply to all contracts except where noted in italics.

1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed
valid until it has been approved by the Colorado State Controller or designee.

2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State
payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available.

3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and court awards
including costs, expenses, and attorney fees and related costs, incurred as a result of any act
or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to
the terms of this contract.

[Applicable Only to Intergovernmental Contracts) No term or condition of this contract
shall be construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act,
CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.c. 2671 et seq., as applicable,
as now or hereafter amended.

4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties
hereunder as an independent contractor and not as an employee. Neither contractor nor any
agent or employee of contractor shall be or shall be deemed to be an agent or employee of
the state. Contractor shall pay when due all required employment taxes and income taxes
and local head taxes on any monies paid by the state pursuant to this contract. Contractor
acknowledges that contractor and its employees are not entitled to unemployment insurance
benefits unless contractor or a third party provides such coverage and that the state does not
pay for or otherwise provide such coverage. Contractor shall have no authorization, express
or implied, to bind the state to any agreement, liability or understanding, except as expressly
set forth herein. Contractor shall provide and keep in force workers' compensation (and
provide proof of such insurance when requested by the state) and unemployment
compensation insurance in the amounts required by law and shall be solely responsible for its
acts and those of its employees and agents.

5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of
all applicable State and federal laws respecting discrimination and unfair employment
practices.

6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued
pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
contract. Any provision of this contract, whether or not incorporated herein by reference,
which provides for arbitration by any extra-judicial body or person or which is otherwise in
conflict with said laws, rules, and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports to negate this or
any other special provision in whole or in part shall be valid or enforceable or available in any

Loan Contract C150180 Amendment No.1
Page 3 of 5