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<br />. <br /> <br />~ <br /> <br />of the PROJECT rehabilitation, Notwithstanding any consents or approvals given to the <br />BORROWER by the CWCB on any such documents, BORROWER and its CONSULTANT, by <br />preparing any such documents, shall be solely responsible for the accuracy and completeness <br />of any of said documents. <br /> <br />10. Waiver, The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any other term, or of any subsequent breach of the same term. <br /> <br />11, 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 CWCB: <br /> <br />For the BORROWER: <br /> <br />Colorado Water ConseNation Board <br />Alln: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Owl Creek Supply and Irrigation Company <br />P.O. Box 206 <br />Eaton, CO 80615 <br /> <br />D. SPECIAL PROVISICNS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract, including grants, <br /> <br />Controller's Approval <br /> <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller olthe <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 <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br />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-orotherpil1:J1rc-worl<:-fonIlJsS I A [I::, theL:DNTRA'CTORsnan;-Mfore@lenngiJjYOT1l1'rEr' <br />performance of any such work induded 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 <br />the 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 <br />the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire, <br />sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR <br />or his subcontractor in performance of the work contracted to be done or fails to pay any person <br />who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will <br />pay the same in an amount not exceeding the sum specified in the bond, together with interest <br />at the rate of eight per cent per annum, Unless such bond is executed, delivered and filed, no <br />claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed or paid. <br />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, 38-26- <br />106, <br /> <br />Owl Creek Supply and Irrigation Company Page 10 of 13 <br /> <br />Loan Contract <br />