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of these documents is only for the purpose of verifying the DISTRICT'S and the BORROWER'S
<br /> compliance with this contract and shall not be construed or interpreted as a technical review or
<br /> approval of the actual design or construction of the PROJECT. Notwithstanding any consents or
<br /> approvals given to the DISTRICT or the BORROWER by the STATE on any such documents, the
<br /> DISTRICT, the BORROWER and their CONSULTANT, by preparing any such documents, shall be
<br /> solely responsible for the accuracy and completeness of any of said documents.
<br /> 19. Waiver. The waiver of any breach of a term of this co , : 'mall not be construed as a waiver of
<br /> any other term, or of any subsequent breach of the s e
<br /> 20.Addresses For Mailing. All notices, corresp•. pr ot` r documents required by this
<br /> contract shall be delivered or mailed to the follo R addiressts•
<br /> :;'
<br /> For the STATE: Rar the.BO- •WER:
<br /> Colorado Water Conservation Board . The Dd -s Water Conservancy District
<br /> Attn: Construction Fund Section NP',` PDQ Bc 1150
<br /> 1313 Sherman Street, Room 721 ; '' 1 : actus Street
<br /> Denver, CO 80203 : = C ez, CO 81321
<br /> 14,
<br /> Special Provisions (1997 versio ' "`�.,
<br /> 1. Controller's approval. This coni ;`4 Hall not be deemed valid until it shall have been
<br /> approved by the Controller of the Statf Colorado or such assistant as he may designate.
<br /> This provision is applicable to any contract involving the payment of money by the STATE.
<br /> 2. Fund availability. Financial obligations of the State of Colorado payable after the current
<br /> fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
<br /> otherwise made available.
<br /> 3. Bond requirement. If this contract involves the payment of more than fifty thousand dollars
<br /> for the construction, erection, repair, maintenance, or improvement of any building, road,
<br /> bridge, viaduct, tunnel, excavation or other public work for this STATE, the CONTRACTOR shall,
<br /> before entering upon the performance of any such work included in this contract, duly execute
<br /> and deliver to the STATE official who will sign the contract, a good and sufficient bond or other
<br /> acceptable surety to be approved by said official in a penal sum not less than one-half of the
<br /> 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
<br /> addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any
<br /> labor, materials, team hire, sustenance, provisions, provendor or other supplies used or
<br /> consumed by such CONTRACTOR or his subcontractor in performance of the work contracted to
<br /> be done or fails to pay any person who supplies rental machinery, tools, or equipment in the
<br /> prosecution of the work the surety will pay the same in an amount not exceeding the sum
<br /> 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
<br /> 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
<br /> provision is in compliance with C.R.S. 38-26-106.
<br /> 4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and
<br /> hold harmless the STATE, its employees and agents, against any and all claims, damages,
<br /> liability and court awards including costs, expenses, and attorney fees incurred as a result of
<br /> any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or
<br /> Feasibility Report Loan Contract Page 5 of 8
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