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<br />10. STATE'S approval. This contract requires review and approval of plans, specifications, and various other
<br />technical and legal documents. The STATE'S review of these documents is only for the purpose of verifying BORROWER'S
<br />compliance with this contract and shall not be construed or interpreted as a technical review or approval of the actual
<br />design or construction of the PROJECT. Notwithstanding any consents or approvals given the BORROWER by the STATE
<br />on any such documents, BORROWER and its CONSULTANT preparing any such documents shall be solely responsible for
<br />the accuracy and completeness of any of the construction documents.
<br />
<br />11. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall be
<br />delivered or mailed to the following addresses:
<br />
<br />For the STATE:
<br />
<br />For the BORROWER:
<br />
<br />Colorado Water Conservation Board
<br />1 313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />Attn: William P. Stanton
<br />
<br />Town of Silt
<br />P. O. Box 70
<br />Silt, Colorado 81652
<br />Attn: James Yale, Town Manager
<br />
<br />D. Special provisions (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 State of Colorado
<br />or such assistant as he may designate. 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 fiscal year are contingent upon funds for that
<br />purpose being appropriated, budgeted, and otherwise made available.
<br />
<br />3. Bond requirement. If this contact involves the payment of more than fifty thousand dollars for the construction. erection. repair,
<br />maintenance, or improvement of any building, road, bridge. viaduct, tunnel. excavation or other public work for this STATE. the CONTRACTOR shall. before
<br />entering upon the .performance of any such work Included in this contract. duly execute and deliver to the STATE official who will sign the contract,
<br />a gOOd and sufficient bond or other acceptable surety to be approved by said official In a penal sum not less than one-half of the total amount payable
<br />by the terms of this contract. Such bond shall be duly executed by a Qualified corporate surety conditioned upon the faithful performance of the
<br />contract and In addition. shall provide that if the CONTRACTOR or his subconrgilil . ay for any labor, materials, team hire, sustenance,
<br />provisions, provendor or other supplies used or consumed by such CoNTRACTOR c In performance of the work contracted to be done
<br />or fails to pay any person who supplies rental machinerv. tools, or equipment I e the work the surety will pay the same In an amount
<br />not exceeding the sum specified In the bond. together with Interest at the ra f. er cent per annum. Unless such bond Is executed, delivered
<br />and filed, n,o claim in favor of the CoNTRACTOR arising under such contract shall be audited. allowed ocpald. A certified or cashier's check ora bank
<br />money order payable to the.Tfeasurer of the State Of Colorado may beacilep i;E;L1' ,provlSion Is in compliance wIth CRS 3S:2G-106.
<br />
<br />4. Indemnification. To the extent authorized bylaw, the r~~ all I. Cfiild,hold harmless the STATE. its employees and
<br />agents, against any and all claims, damages, liability and court awards.II I co ,ex s, and attorney fees Incurred as a result of any act or
<br />omission by the CONTRACTOR, or Its employees. agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />
<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letterand spirit of the Colorado Antidiscrimination Act
<br />of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive
<br />Order, Equal Opportunity and Affirmative Action. dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all STATE
<br />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. national origin,
<br />sex. martial status. religion. ancestry, mental or physical handicap. or age. The CONTRACTOR will take affirmative action to insure that
<br />applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics.
<br />Such action shalllncfude. but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment
<br />advertisings; lay-of15 or terminations; rates of payor other forms of compensation; and selection for training, including apprenticeship.
<br />The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
<br />contracting officer setting forth provisions of this non-discrimination clause.
<br />
<br />b. The CONTRACTOR will. in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all Qualified
<br />applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, martial status, religion,
<br />ancestry. mental or physical handicap, or age.
<br />
<br />c. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other
<br />contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the
<br />CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules,
<br />regulations, and relevant Orders of the Governor.
<br />
<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative
<br />Action of April 16, 1975, and by the rules, regulations and orders of the Governor, or pursuant thereto, and will permit access to his books,
<br />records, and accounts by the contracting agency and the office Of the Govemor or his designee for purposes of investigation to ascertain
<br />compliance with such rules, regulations and orders. .
<br />
<br />e. A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel
<br />any such individual from membership in such labor organization or discriminate against any of Its members In the full enjoyment of work
<br />opportunity because of race. creed, color, sex, national origin, or ancestry.
<br />
<br />f. A labor organization, or the employees or members thereof will not aid, abet, Incite, compel or coerce the doing of any act defined
<br />in this contract to be discrimlnatorv or obstruct or prevent any person from complying with the provisions of this contract or any order
<br />issued thereunder; or attempt, either directly or indirectly. to commit any act defined in this contact to be discriminatorv.
<br />
<br />TOWN OF SILT
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<br />Page 8 of 9
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<br />LOAN CONTRACT
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