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<br />.,
<br />
<br />of these documents is only for the purpose of verifying the DISTRICT'S and the BORROWER'S
<br />compliance with this contract and shall not be construed or interpreted as a technical review or
<br />approval of the actual design or construction of the PROJECT, Notwithstanding any consents or
<br />approvals given to the DISTRICT or the BORROWER by the STATE on any such documents, the
<br />DISTRICT, the BORROWER and their CONSULTANT, by preparing any such documents, shall be
<br />solely responsible for the accuracy and completeness of any of said documents,
<br />
<br />19. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of
<br />any other term, or of any subsequent breach of the same term,
<br />
<br />20. 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: For the BORROWER:
<br />
<br />Colorado Water Conservation Board
<br />Attn: Construction Fund Section
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />The Dolores Water Conservancy District
<br />P,O, Box 1150
<br />1st & Cactus Street
<br />Cortez, CO 81321
<br />
<br />Special Provisions (1997 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.
<br />This 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
<br />fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
<br />otherwise made available,
<br />
<br />3, Bond requirement If this contract involves the payment of more than fifty thousand dollars
<br />for the construction, erection, repair, maintenance, or improvement of any building, road,
<br />bridge, viaduct, tunnel, excavation or other public work for this STATE, the CONTRACTOR shall,
<br />before entering upon the performance of any such work included in this contract, duly execute
<br />and deliver to the STATE official who will sign the contract, a good and sufficient bond or other
<br />acceptable surely to be approved by said official in a penal sum not less than one-half of the
<br />total amount payable by the terms of this contract Such bond shall be duly executed by a
<br />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
<br />labor, materials, team hire, sustenance, provisions, provendor or other supplies used or
<br />consumed by such CONTRACTOR or his subcontractor in performance of the work contracted to
<br />be done or fails to pay any person who supplies rental machinery, tools, or equipment in the
<br />prosecution of the work the surely will pay the same in an amount, not exceeding the sum
<br />specified in the bond, together with interest at the rate of eight per cent per annum, Unless
<br />such bond is 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 bank money
<br />order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond, This
<br />provision is in compliance with C,RS, 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 agents, against any and all claims, damages,
<br />liability and court awards including costs, expenses, and attorney fees incurred as a result of
<br />any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or
<br />
<br />Feasibility Report Loan Contract
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