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<br />hundred percent (100%) interest in diversion structure located on the South Platte River <br />at approximately 100th Avenue, as more particularly described in the attached Deed of <br />Trust ("Collateral"). <br /> <br />SECTION 7 - ADDITIONAL CONDITIONS & CONTRACT REQUIREMENTS <br /> <br />The CWCB acknowledges that, pursuant to its approval of the loan wherein loan <br />proceeds may be used to repay PROJECT costs already incurred, (1) the BORROWER <br />has completed all or part of the PROJECT, and (2) all phases of the PROJECT has been <br />completed in accordance with CWCB Construction Fund Program Procedures, as <br />listed in Section 8 below. <br /> <br />SECTION 8 - CONSTRUCTION FUND PROGRAM PROCEDURES <br /> <br />A. The BORROWER shall employ an engineer, registered in the state of Colorado to <br />prepare plans and specifications for the PROJECT. <br /> <br />B. The BORROWER'S and the Engineering Consultant's Agreements and the plans and <br />specifications must be submitted to the CWCB staff for verification of compliance <br />with the terms of this Contract when available prior to bidding. Any modifications to <br />the plans and specifications must be approved in writing by the CWCB staff. <br /> <br />C. For plans and specifications for all jurisdictional dams and reservoirs, as defined by <br />937-87-105 C.R.S., the BORROWER shall provide a letter of approval from the State <br />Engineer's Office prior to construction. <br /> <br />D, CWCB staff must be present at bid opening and must approve the award of the <br />construction contract. <br /> <br />E. The BORROWER shall contract for the construction of the work with responsible and <br />capable Construction Firms, which said Construction Firms shall be selected by the <br />BORROWER and found acceptable by the CWCB staff. <br /> <br />F. The BORROWER must provide a copy of the executed construction contract <br />documents consisting of the contractor's proposal, construction contract, <br />performance bond, payment bond, notice of award, notice to proceed, sample <br />change order, and sample field order, as well as the advertisement for bid and bid <br />bond at bidding. After the CWCB staff verifies that these documents comply with <br />the terms of this contract, the BORROWER may issue the notice to proceed to the <br />Construction Firms. <br /> <br />G. The BORROWER shall conduct a pre-construction conference at which time the <br />CWCB staff shall have the opportunity to review and approve the construction <br />schedule. <br /> <br />H. If the CWCB staff determines that the PROJECT requires a resident inspector during <br />construction, the BORROWER shall employ an inspector who has been approved by <br />the CWCB staff. <br /> <br />I. The BORROWER shall construct the PROJECT in accordance with the approved plans <br />and specifications. <br /> <br />J. Upon completion of the PROJECT construction, the BORROWER shall provide as-built <br />drawings of the PROJECT to the CWCB staff, or, if required by 9 37-87-105, C.R.S., <br />the BORROWER shall provide the as-built drawings to the State Engineer's Office for <br /> <br />Page 2 of 3 <br />