|
<br />10. STATE'S approval. This cv.ltract requires review and approval of ~.lIans, specifications, and various
<br />other technical and legal documents. The STATE'S review of these documents is only for the purpose of
<br />verifying BORROWER'S compliance with this contract and shall not be construed or interpreted as a
<br />technical review or approval of the actual design or construction of the PROJECT. Notwithstanding any
<br />consents or approvals given the BORROWER by the STATE on any such documents, BORROWER and its CONSULTANT
<br />preparing any such documents shall be solely responsible for the accuracy and completeness of any of
<br />the construction documents.
<br />
<br />11. severability. The parties intend that the various provisions of this contract are severable. If any
<br />part, term, or provision of this contract is held by a court of competent jurisdiction to be illegal, void,
<br />or unenforceable, or to render all or any portion of the remainder of this contract to be illegal, void, or
<br />unenforceable, the validity of the remaining provisions of this contract shall not be affected. In such
<br />case, the invalid provision shall be considered deleted from this contract, and this contract shall be
<br />construed and enforced as if it did not contain the invalid provision.
<br />
<br />12. Addresses for mailing. All notices, correspondence, or other documents required by this
<br />contract shall be 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 Norwood Water Commission
<br />P. O. Box 528
<br />Norwood, CO 81423
<br />Attn: Ralph weaver, Chairman
<br />
<br />D. SPECIAL PROVISIONS (1993 version I
<br />
<br />1. controller's approval. This contract shall not be deemed valid until It shall have been approved by the Controller
<br />of the State of COlorado or such assistant as he may designate. This provision Is applicable to any contract Involving the
<br />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
<br />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 construction,
<br />erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
<br />work for this STATE, the CONTRACTOR shall, before entering upon the performance of any such work included In this contract,
<br />duly execute and deliver to the STATE official WhO will sign the contract, a good and sufficient bond or other acceptable
<br />surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this
<br />contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of
<br />the contract and in addition, Shall provide that if the CONTRACTOR or hiS subcontractors fall to duly pay for any labor, materials,
<br />team hire, sustenance, provisions, provendor or other supplies used or consumed by SUCh CONTRACTOR or his subcontractor
<br />In performance Of the work contracted to be done or falls to pay any person who supplies rental machinery, tools, or
<br />equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified In
<br />the bond, together with Interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and flied,
<br />no claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or cashier's check
<br />or a bank money order payable to the Treasurer of the State of Coiorado may be accepted in lieu of a bond. This proVision
<br />is in compliance with CRS 38-26'106.
<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, and
<br />attorney fees incurred as a result of any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or
<br />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
<br />Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment
<br />practices ICR5 24-34-4021, and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.
<br />Pursuant thereto, the 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,
<br />COlor, national origin, sex, martial status. religion, ancestry, mental or physical handicap, or age. The CONTRACTOR Will
<br />take affirmative action to insure that applicants are employed, and that employeeS are treated during employment,
<br />without regard to the above mentioned characteristics. SUCh action shall include. but not be limited to the
<br />follOWing: emplOyment upgrading, demotion. or transfer, recruitment or recruitment advertisings: lay-offs or
<br />
<br />NORWOOD WATER COMMISSION & TOWN OF NORWOOD
<br />
<br />Page 9 01 11 Pages
<br />
<br />lOAN CONTRACT
<br />
|