C153857 PIF

• Contract/PO #: C153857
• Contractor Name: Western Mutual Ditch Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

• •
9. Captions. The captions and headings contained in this contract are for convenience and reference
only and shall not be construed so as to define or limit the terms or provisions contracted herein.
10. STATE'S Approval. This contract requires review and approval of plans, specifications, and various
other technical and legal documents. The STATE'S review of these documents is only for the purpose
of verifying BORROWER'S compliance with this contract and shall not be construed or interpreted as a
technical review or approval of the actual design or construction of the PROJECT rehabilitation.
Notwithstanding any consents or approvals given to the BORROWER by the STATE on any such
documents, BORROWER and its CONSULTANT, by preparing any such documents, shall be solely
responsible for the accuracy and completeness of any of said documents.
11. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of
any other term, or of any subsequent breach of the same term.
12. Addresses for mailing. All notices, correspondence, or other documents required by this contract
shall be delivered or mailed to the following addresses:
For the STATE: For the BORROWER:
Colorado Water Conservation Board The Western Mutual Ditch Company
Attn: Construction Fund Section 1007 9th Avenue
1313 Sherman Street, Room 721 Greeley, CO 80631
Denver, CO 80203
D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special
Provisions in every STATE contract, including grants.
Controller's Approval
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the
payment of money by the STATE.
FUND AVAILABILITY FULL'
2. Financial obligations of the State of Colorado payable after th _ siar are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work
for this STATE, the CONTRACTOR shall, before entering upon the performance of any such work included in this
contract, duly execute and deliver to the STATE official who will sign the contract, a good and sufficient bond
or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total
amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the
CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions,
provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor in performance of
the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment
in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in
the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed,
delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed
or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
Colorado may be accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106.
Western Mutual Ditch Company Page 10 of 13 Loan Contract