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<br />purpose of verifying the TOWN'S and 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 constru'ction of the
<br />PROJECT. Notwithstanding any consents or approvals given to the TOWN and/or the BORROWER by the
<br />STATE on any such documents, the TOWN, the BORROWER and its CONSULTANT, in preparing any such
<br />documents, shall be solely responsible for the aCCuracy and completeness of any of said documents.
<br />
<br />12. Addresses for mailing. All notices, correspondence, or other documents required by this
<br />contract 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 />131 3 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />Town of Johnstown
<br />P.O. Box 609
<br />Johnstown, CO 80534
<br />Attn: Ed Hill
<br />
<br />D. Special Provisions (1993 version)
<br />
<br />1. Controller's approval. This contract shall not be deemed valid until it shall have been
<br />approved by the Controller of the State of Colorado or such assistant as he may designate. This
<br />provision is applicable to any contract involving the payment of money by the STATE.
<br />
<br />2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal
<br />year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />available.
<br />
<br />3. Bond requirement. If this contact involves the payment of more than fifty thousand dollars
<br />for the construction, erection, repair, maintenahce, or improvement of any building, road, bridge,
<br />viaduct, tunnel, excavation or other public work for this STATE, the CONTRACTOR shall, before entering
<br />upon the performance of any such work includ"'d in this contract, duly execute and deliver to the
<br />STATE official who will sign the contract, a gOO(J and sufficient bond or other acceptable surety to
<br />be approved by said official in a penal sum not IEiss than one-half of the total amount payable by the
<br />terms of this contract. Such bond shall be duly Eixecuted by a qualified corporate surety conditioned
<br />upon the faithful performance of the contract and in addition, shall provide that if the CONTRACTOR
<br />or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions,
<br />provendor or other supplies used or consumed by such CONTRACTOR or his subcontractor in
<br />performance of the work contracted to be dOhe or fails to pay any person who supplies rental
<br />machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an
<br />amount not exceeding the sum specified in the bond, together with interest at the rate of eight per
<br />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
<br />check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in
<br />lieu of a bond. This provision is in compliance With CRS 38-26-106.
<br />
<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and
<br />hold harmless the STATE, its employees and agelits, against any and all claims, damages, liability and
<br />court awards including costs, expenses, and attorney fees incurred as a result of any act or omission
<br />by the CONTRACTOR, or its employees, agents, SLJbcontractors, or assignees pursuant to the terms of
<br />this contract.
<br />
<br />Town of Johnstown Water Activity Enterprise
<br />& Town of Johnstown Page 11 of 14
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<br />Loan Contract
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