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Conservation Program Contract to verify that the USDA would provide <br />engineering services and a grant for 75 percent of the final construction cost. A <br />copy of the USDA contract is included with the above-referenced Feasibility Study <br />that is referred to in Section 2 above. <br />2. Security #or the loan includes (1} a pledge of assessment revenues backed by an <br />assessment covenant, (2} a debt service reserve fund equal to finro annual Ioan <br />payments (one payment set aside at the time of contract execution and one third <br />of an annual payment set aside at the time the first three annual loan payments <br />are made), and (3) a security interest in the BoRROwER's Funding Agreement, <br />which Funding Agreement shail include a"step-up" provision that requires the <br />Funding Agreement signatories to make the entire annual loan payment to the <br />CWCB in the event any of the members fait to pay their assessed share amount <br />pursuant to the Funding Agreement. <br />3. Within ten (10} working days after receipt of the 75% cost share portion <br />reimbursement from the USDA, the BORROWER SI1aII submit to the CWCB an <br />amount equal to the reimbursement. The USDA reimbursement will be applied to <br />the outstanding prinapal toan balance, and the Loan Contract shall be amended <br />to the reduced loan amount. <br />SECTION H— CONSTRUCTION FUND PROGRAM PROCEDURES <br />A. The BoRROwER shall employ an engineer, registered in the state of Colorado to <br />prepare plans and specifications for the PRO�ECr. <br />B. Th@ BORROWER 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 modfications to <br />the plans and specifications must be approved in writing by the CWCB staff. <br />C. For plans and specifications for all jurisdictional dams and reservoirs, as defined by <br />§ 37-87-105 C.R.S., the BoRROwER shall provide a letter of approval from the State <br />Engineer's Office prior to construction. <br />D. CWCB staff must be present at bid opening and must approve the award of the <br />construction contract. <br />E. The BoRROwER shatl contract for the constn.iction ot the work with responsible and <br />capable Construction Firms, which said Construction Firms shall be setected by the <br />BoRROwER and found acceptable by the CWCB staff. <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 the <br />terms of this contract, the BORROWER may issue the notice to proceed to the <br />Construction Firms. <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 />H. If the CWCB staff determines that the PRO�ECT requires a resident inspector during <br />Appenrlix 1 to Loan Contract C150205 <br />Page 2 of 3 <br />