<br />BORROWER'S compliance with this contract and shall not be construed or interpreted as a technical
<br />review or approval of any of the PROJECT. Notwithstanding any consents or approvals given to the
<br />BORROWER by the STATE on any such documents, BORROWER; in preparing any such documents,
<br />shall be solely responsible for the accuracy and completeness of any of said documents.
<br />
<br />11. 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 />
<br />12. Addresses for mailing. All notices, correspondence, or other documents required by this contract
<br />shall be delivered or mailed to the following addresses:
<br />
<br />For the STATE:
<br />
<br />For the BORROWER:
<br />
<br />Colorado Water Conservation Board
<br />Attn: Construction Fund Section
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />Aristocrat Ranchette Water Project, Inc.
<br />P. O. Box 247
<br />Fort Lupton, CO 80621
<br />
<br />D. Special provisions (1993 version)
<br />
<br />1. Controller's approval. This contract shall not be deemed valid until it shall have !leen approved by the
<br />Controller of the 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 />2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year are
<br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />3. Bond requirement. If this contract involves the payment of more than fifty thousand dollars for the
<br />construction, 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 performance of
<br />any such work included in this contract, duly execute and deliver to the STATE official who wil/ sign the contract,
<br />a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less
<br />than one-half of the 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 rerformance of the contract and in addition, shall provide
<br />that if the 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 subcontractor in
<br />performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools,
<br />or equipment in the 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 such bond is
<br />executed. delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall be audited,
<br />allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
<br />Colorado may be accepted in lieu of a bond. This provision is in compliance with C.R.S. 36-26-106.
<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless
<br />the STATE, 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 its
<br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the
<br />Colorado Anlidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and
<br />unfair employment practices (C.R.S. 24-34-402), and as required by Executive Order, Equal Opportunity and
<br />Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all
<br />STATE contracts or sub-contracts.
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />a. The CONTRACTOR wil/ not discriminate against any employee or applicant for employment because of race,
<br />creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. The
<br />CONTRACTOR will take affirmative action to insure that applicants are employed, and that employees are
<br />
<br />Aristocrat Ranchette Water Project, Inc.
<br />
<br />Page 9 of 11
<br />
<br />Loan Contract
<br />
|