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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 />1313 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 11993 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 ~CTOR or his subcontractors fall to duly pay for any labor, materials, team hire, sustenance,
<br />provisions, provendor or other supplies used or consumed by such CClNTRAcToR or his SUbcontractor In perfonnance of the work contracted to be done
<br />orlails to pay any person who supplies rental machinery, tools. or equipment in the prosecution of 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 rate of eight per cent per annum. Unless such bond is executed, delivered
<br />and filed, no claim In favor of t1le CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or cashiers check or a bank
<br />money order payable to the Treasurer of the state of Colorado may be accepted In lieu of a bond. This provision Is In compliance with CRS 38-26-106.
<br />
<br />4. Indemnification. To the extent authorized by law, the CCwlv.CTOR shall Indemnify, save, and hold hannless the STATE, its employees and
<br />agents, against any and all claims, damages, liability and court awardS Indudlng costs, expenses, 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 letter and spirit of the Colorado Antidiscrimination Act
<br />of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS24-34-402l, and as required by Executive
<br />Order, Equal Opporttmity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in a/l STATE
<br />contracts or sub-contracts.
<br />
<br />During the perfonnance 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 shall inclUde, but not be limited to the following: employment upgrading, demotion, or tranSfer, recruitment or recruitment
<br />advertislngs; lay-offs 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-discrimlnation 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 />CoN"m.CTOR'S commitment under the Executive order, Equal opportunity and Affirmative ACtion, dated April 16, 1975, and of the rUJes,
<br />regulations, and relevant Orders of the Govemor.
<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 Govemor, 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, cotor, 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 discriminatory 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 discriminatory
<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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