Laserfiche WebLink
{.', <br />4'. <br /> <br />responsible for the accuracy and completeness of any of said documents. <br />10. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of <br />any other term, or of any subsequent breach of the same term. <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this contract <br />shall be delivered or mailed to the following addresses: <br />For the STATE: <br />Colorado Water Conservation Board <br />Attn.: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />For the BORROWER: <br />The Farmers Pawnee Canal Company <br />16177 CR 24 <br />Sterling, CO 80751 <br />D. 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 />Controller's Approval <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State <br />of Colorado or such assistant as he may designat This provision is applicable to any contract <br />involving the payment of money by the STATE. <br />FUND AVAILABILITY <br />2. Financial obligations of the State of Colorado pa hrent fiscal year are contingent upon <br />funds for that purpose being appropriate et a erwise made available. <br />BOND REQUIREMENT <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 <br />in addition, shall provide that if the CONTw4CTOR 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 <br />rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor <br />of the CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or <br />cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be <br />accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106. <br />INDEMNIFICATION <br />4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, <br />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 <br />its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br />Farmers Pawnee Canal Company Page 10 of 13 Loan Contract <br />