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<br />verifying BORROWER'S compliance with this contract and shall not be construed or interpreted as a technical
<br />review or approval of the actual design or construction of the PROJECT. Notwithstanding any consents or.
<br />approvais given the BORROWER by the STATE on allY such documents, BORROWER and its CONSULTANT
<br />preparing any such documents shall be solely responsible for the accuracy and completeness of any of the
<br />construction documents.
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<br />10. Addresses for mailing. All notices, correspondence, or other documents required by this contract
<br />shall be delivered Or mailed to the following addres~es:
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<br />For the STATE:
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<br />For the BORROWER:
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<br />Colorado Water Conservation Board
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />Attn: William P. Stanton
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<br />Castle Pines North Metropolitan District
<br />7404 Yorkshire Drive
<br />Castle Rock, CO 80104
<br />Attn: Lorene Gruzdis, Manager
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<br />D. Special provisions (1993 version)
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<br />1 . 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 contract
<br />involving the payment of money by the ST ATE.
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<br />2. 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 />3. Bond requirement. If this contact involves the payment of more than fifty thousand dollars for the
<br />construction, erection, repair, maintenance, or improvem13nt of any building, road, bridge, viaduct, tunnel, excavation
<br />or other public work for this STATE, the CONTRACTOR shall, before entering upon the performance of any such work
<br />included in this contract, duly execute and deliver to the 5T A TE official who will sign the contract, a good and sufficient
<br />bond or other acceptable surety to be approved by sail! official in a penal sum not less than one-half of the total
<br />amount payable by the terms of this contract. Such b~nd shall be duly executed by a qUalified corporate surety
<br />conditioned upon the faithful performance of the contract and in addition, shall provide that if the CONTRACTOR or his
<br />subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies
<br />used or consumed by such CONTRACTOR or his subcontractor in performance of the work contracted to be done or fails
<br />to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will
<br />pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight
<br />per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising
<br />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
<br />38-26-106.
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<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless
<br />the STATE, its employees and agents. a9ainst any and all claims, damages, liability and court awards inclUding costs,
<br />expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, or its employees, agents,
<br />subcontractors, or assignees pursuant to the terms of this contract.
<br />
<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the
<br />Colorado Antidiscrimination Act of 1957, as amended, l:tind other applicable law respecting discrimination and unfair
<br />employment practices ICRS 24-34-402),and as required by Executive Order, Equal Opportunity and AffirmativeAction.
<br />dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub-
<br />contracts.
<br />
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />
<br />a. The CONTRACTOR will not discriminate agl:tiinst any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, martial Status, religion, ancestry, mental or physical handicap, or age.
<br />The CONTAACTOR will take affir'mative action to insure that applicants are employed, and that employees are
<br />treated during employment, without regard to tne above mentioned characteristics. Such action shall include,
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<br />CASTLE PINES NORTH METRO DISTRICT
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<br />lOAN CONTRACT
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