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<br />, <br /> <br />. <br /> <br />. <br /> <br />iJ <br /> <br />representatives. <br /> <br />N. Addresses for mailing. All notices, correspondence, or other documents required by <br />this contract shall be delivered or mailed to the address shown in Section 1 of the Project <br />Summary for the Contractor and to the address below for the CWCB: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />o. The parties hereto agree that the Project is not a public work within the meaning of <br />Paragraphs 3 and 6 of the Special Provisions. <br /> <br />P. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including contracts for nonreimbursable expenditures. <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 <br />State of Colorado or such assistant as he may designate. This provision is applicable to any <br />contract involving 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 <br />upon 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, <br />erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, <br />excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon the <br />performance of any such work included in this contract, duly execute and deliver to the STATE <br />official who will sign the contract, a good and sufficient bond or other acceptable surety to be <br />approved by said official in a penal sum not less than one-half of the total amount payable by the <br />terms of this contract. Such bond shall be dUly executed by a qualified corporate surety <br />conditioned upon the faithful performance of the contract and in addition, shall provide that if the <br />CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, <br />provisions, provendor or other supplies used or consumed by such CONTRACTOR or his <br />subcontractor in performance of the work contracted to be done or fails to pay any person who <br />supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay <br />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 <br />favor of the CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified <br />or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may <br />be accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106. <br /> <br />INDEMNIFICATION <br /> <br />4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the <br />STATE, its employees and agents, against any and all claims, damages, liability and court awards <br />including costs, expenses, and attorney fees incurred as a result of any act or omission by the <br />CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the terms of this <br />contract. <br /> <br />Page 4 of 7 <br />