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<br />actual design or construction of the PROJECT rehabilitation. Notwithstanding any consents <br />or approvals given to the BORROWER by the STATE on any such documents, BORROWER <br />and its CONSULTANT, by preparing any such documents, shall be solely responsible for the <br />accuracy and completeness of any of said documents. <br /> <br />21. Waiver. The waiver of any breach of a term of this contract shall not be construed as <br />a waiver of any other term, or of any subsequent breach of the same term. <br /> <br />22. Addresses For Mailing. All notices, correspondence, or other documents required <br />by this contract shall be delivered or mailed to the following addresses: <br /> <br />For the STATE: For the BORROWER: <br /> <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Attn.: Construction Fund Section <br /> <br />Special Provisions (1997 version) <br /> <br />1. Controller's approval. This contract shall not be deemed valid until it shall have <br />been approved by the Controller of the State of Colorado or such assistant as he <br />may designate. This provision is applicable to any contract involving the payment of <br />money by the STATE. <br /> <br />2. Fund availability. Financial obligations of the State of Colorado payable after the <br />current fiscal year are contingent upon funds for that purpose being appropriated, <br />budgeted, and otherwise made available. <br /> <br />3. Bond requirement. If this contract involves the payment of more than fifty <br />thousand dollars for the construction, erection, repair, maintenance, or improvement <br />of any building, road, bridge, viaduct, tunnel, excavation or other public work for this <br />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 <br />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 <br />payable by the terms of this contract. Such bond shall be duly executed by a <br />qualified corporate surety conditioned upon the faithful performance of the contract <br />and in addition, shall provide that if the CONTRACTOR or his subcontractors fail to <br />duly pay for any labor, materials, team hire, sustenance, provisions, provendor or <br />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 <br />supplies rental machinery, tools, or equipment in the prosecution of the work the <br />surety will pay the same in an amount not exceeding the sum specified in the-bond, <br />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 <br />such contract shall be audited, allowed or paid. A certified or cashier's check or a <br />bank money order payable to the Treasurer of the State of Colorado may be <br />accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106. <br /> <br />Arkansas Groundwater Users Assn. <br />100 West First <br />Manzanola, CO 81058 <br /> <br />Feasibility Report Loan Contract <br /> <br />page7of11 <br />