C150064 contract docs

• Contract/PO #: C150064
• Contractor Name: Western Area Power Administration, U.S. Department of Energy
• Contract Type: Loan
• Water District: 0
• County: Statewide
• Loan Projects - Doc Type: Contract Documents

Borrower: U.S. Department of Energy Western Area Power Administration
P.O. Box 11606
Salt Lake City, UT 84147-1534
12. Venue. All disputes arising under this LOAN CONTRACT shall be resolved in the
Federal District Court for Colorado. To the maximum extent possible, that Court shall
comply with SPECIAL PROVISION 6.
13. General Contract Provisions Required by the Contractor. In the provisions (a
through f) of this Article No. 13, Western Area Power Administration shall be known as
"Western" or "United States," and the State of Colorado and/or CWCB shall be known
as "State."
a. Contingent Upon Appropriations. Where activities provided for in the contract
extend beyond the current fiscal year, continued expenditures by the United States
are contingent upon Congress making the necessary appropriations required for the
continued performance of the United States obligations under the contract.
Pursuant to 31 U.S.C.A. 3123, the United States pledges its full faith and credit to
repay the loan made under this contract, and shall pay in full all principal and interest
due on this loan no later than September 30, 2057.
b. Covenant Against Contingent Fees. The State warrants that no person or selling
agency has been employed or retained to solicit or secure the contract upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the State for the purpose of securing business.
c. Contract Work Hours and Safety Standards. The contract, to the extent that it is
of a character specified in Section 103 of Contract Work Hours and Safety
Standards Act (Act), 40 U.S.C.A. § 329 (1986), is subject to the provision of the Act,
40 U.S.C.A. §§ 327-333 (1986), and to regulations promulgated by the Secretary of
Labor pursuant to the Act.
d. Equal Opportunity Employment Practices. Section 202 of Executive Order No.
11246, 30 Fed. Reg. 12319 (1965), as amended by Executive Order No. 12086, 43
Fed. Reg. 46501 (1978), which provides, among other things, that the State will not
discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin, is incorporated by reference in the contract.
e. Use of Convict Labor. The State agrees not to employ any person undergoing
sentence of imprisonment in perForming the contract except as provided by 18
U.S.0 4082 §(c)(2) and Executive Order 11755, December 29, 1973.
f. Transfer of Interest in Contract. No voluntary transfer of the contract or of the
rights of the State under the contract shall be made without the written approval of
the Administrator of Western; Provided, That if the State operates a project
financed in whole or in part by the Rural Utilities Service, the State may transfer or
assign its interest in the contract to the Rural Utilities Service or any other
department or agency of the Federal Government without such written approval;
Provided further, That any successor to or assignee of the rights of the State,
whether by voluntary transfer, judicial sale, foreclosure sale, or otherwise, shall be
subject to all the provisions and conditions of the contract to the same extent as
Page 6 of 8 Loan Contract