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<br />"', .... <br /> <br />10, Captions, That the captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein, <br /> <br />11, STATE'S approval. This contract requires review and approval of plans, specifications, and <br />various other technical and legal documents, The STATE'S review of these documents is only <br />for the purpose of verifying the BORROWER'S compliance with this contract and shall not be <br />construed or interpreted as a technical review or approval of the actual design or construction <br />of the PROJECT, Notwithstanding any consents or approvals given to the the BORROWER by <br />the STATE on any such documents, the BoRROWER and its CONSULTANT, in preparing any <br />such documents shall be solely responsible for the accuracy and completeness of any of said <br />documents, <br /> <br />12, Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall bedelivered or mailed to the following addresses: <br /> <br />For the STATE: For the BORROWER: <br /> <br />For the Denver Water Dept. <br /> <br />Denver Water Department <br />Alln: Legal Division <br />1600 West 12'" Avenue <br />Denver, CO 80254 <br /> <br />Colo. Water Conservation Board Chatfield South Water District <br />Alln: Construction Fund Section Alln: President <br />1313 Sherman Street, Room 721 p, O. Box 474 <br />Denver, CO 80203 Lillleton, CO 80160-0474 <br /> <br />0, SPECIAL PROVISiONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions.in every STATE contract, including grants, <br /> <br />Controller's Approval <br /> <br />1, This contract shail not be deemed valid until it shall have been approved by the Controller of the State of <br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving <br />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 upon <br />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, 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 surely 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 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 surely will <br />pay the same in an amount not exceeding the sum speCified in the bond, together with interest at the rate <br />of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the <br />CONTRACTOR ariSing under such contract shall be audited, allowed or paid. A certified or cashier's check <br />or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a <br />bond, This provision is in compliance with C.R.S, 38-26-106. <br /> <br />Chatfield South Water District <br /> <br />Page 8 of 11 <br />