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<br />18. 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 />19. Captions. That the captions and headings contained in this contract are for convenience
<br />and reference only and shall not be construed so as to define or limit the terms or provisions
<br />contracted herein.
<br />
<br />20. Release after loan is repaid. Upon complete repayment to the STATE of the entire principal
<br />and any accrued interest as specified in the Promissory Note Provisions, the STATE agrees to execute
<br />a UCC-3 form to terminate all of the STATE'S rights in and to the revenues pledged to repay this loan
<br />and to deliver to the BORROWER the CD as described in the Security for Loan Provisions.
<br />
<br />21. Addresses for mailing. All notices, correspondence, loan payments, or other documents
<br />required by this contract shall be delivered or mailed to the following addresses:
<br />
<br />,
<br />
<br />a. For the STATE
<br />
<br />b. For the BORROWER
<br />
<br />Colorado Water Conservation Board
<br />1313 Sherman Street, Room 721
<br />DHnver, CO 80203
<br />Attn: William P. Stanton
<br />
<br />Arkansas Groundwater Users Association
<br />100 West First
<br />Manzanola, CO 81058
<br />Attn: Dick Evans, President
<br />
<br />SPECIAL PFOVISIONS (1993 version)
<br />
<br />1. Controller's approval. This contract shall not be deemed valid until it shall have been approved by the Controller of the
<br />State of Colorado 01 such assistant as he may designate. This provision is applicable to any contract involving the payment of money by
<br />the STATE.
<br />
<br />2. Fund 8vaDabDity. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
<br />funds for that purpose being appropriated, budgeted, andotherwis.e made available.
<br />
<br />3. Bond requirement. If thisc6ntact involves tile payment of more than fifty thousand dollars for the construction, erection,
<br />repair, maintenance, or improvement of any building, road, bridge/viaduct, tunnel, excavation or other public work for this STATE, the
<br />CONTRACTOR shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the STATE
<br />official whowill sign the contract, a goOd and sufficient bond o(other'acceptable surety to be approved by said official in a penal sum not
<br />less than one-half of the total amount payable- by the terms of this contract. Such bond shan be duly executed by a qualified corporate
<br />surety conditioned upon the faithful performance of the contract andJn addition, shall provide that if the CONTRACTOR or his subcontractors
<br />fail to duly pay for any labor, mat~rials, team hire, sustenance,' provisions, provendor or other supplies used or consumed by such
<br />CONTRACTOR or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplie~ rental machinery,
<br />tools, or equipment in the prosecution of the work the 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 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 check or a bank money order payable
<br />.to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS :~8-26-106.
<br />
<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE,
<br />its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, mo attorney fees
<br />incurred as a result of any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the terms
<br />of this contract.
<br />
<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spiri, of the Colorado
<br />Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-
<br />34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the
<br />following provisions shall be contained in all STATE contracts or sub-contracts.
<br />
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color,
<br />national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. The CONTRACTOR will take
<br />affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard
<br />to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment
<br />upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other
<br />forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
<br />places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth
<br />provisions of this non-discrimination c1aus~.
<br />
<br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR,
<br />state that all qualified applicants will receive consideration for employment without regard to race, creed, color,
<br />
<br />ARKANSAS GROUNDWATER USERS ASSOCIATION
<br />
<br />Page 6 of 8 Pages
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<br />FEASIBILITY REPORT CONTRACT
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