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<br />other techni~1 and legal documents. The STATE'S review of these documents is only for the purpose
<br />of verifying BORROWER'S compliance with this contract and shall not be construed or interpreted as a
<br />technical review or approval of the actual design or construction of the PROJECT rehabilitation.
<br />Notwithstanding any consents or approvals given to the BORROWER by the STATE on any such
<br />documents, BORROWER and its CONSULTANT, by preparing any such documents, shall be solely
<br />responsible for the accuracy and completeness of any of said documents.
<br />
<br />25. Waiver. The waiver of any breach of a tenn of this contract shall not be construed as a waiver of any
<br />other term, or of any subsequent breach of the same tenn.
<br />
<br />26. 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 />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />Attn: Construction Fund Section
<br />
<br />DeWeese-Dye Ditch and Reservoir Company
<br />c/o Rose Moschetti, Secretary
<br />1631 Chestnut Street
<br />Canon City, CO 81212
<br />
<br />27. Special Provisions (1993 version)
<br />
<br />A. Controller's Approval. This contract shall not be deemed valid until it shall have been 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 />
<br />B. 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 available.
<br />
<br />C. 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
<br />of any such work included in this contract, duly execute and deliver to the STATE official who will sign the
<br />contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum
<br />not 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 surety conditioned up~m 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, materials,
<br />team hire, sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR or his
<br />subcontractor in performance of the work contracted to be done 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 amount not
<br />exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum, Unless
<br />such bond is executed, deiivered and filed, no claim in favor of the CONTRACTOR arising under such contract
<br />shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the
<br />Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with
<br />CRS.38-26-106,
<br />
<br />D. 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 />
<br />E. Discrimination And Affirmative Action. The CONTRACTOR agrees to comply with the letter and spirit of the
<br />Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and
<br />unfair employment practices (CRS. 24-34-402), and as required by Executive Order, Equal Opportunity and
<br />
<br />Feasibility Study loan Contract
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