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}o 9. At its March 10-11, 1998 meeting, the CWCB found that delay in completing the PROJECT would cause undue hardship to the BORROWER and approved a loan to the BORROWER from the Small Project Loan Account of up to $29,000 at an interest rate of 3.5% per annum for a duration of 10 years. 10. The STATE now desires, by this contract, to loan money to the BORROWER for this PROJECT upon mutually agreeable terms and conditions. THEREFORE, in consideration of the mutual and dependent covenants contained herein, the parties agree as follows: A. The BORROWER agrees as follows: 1. Construction Fund Program Procedures. The following items are procedures the BORROWER shall follow during the construction phase of the PROJECT. a. The BORROWER shall employ an engineer, registered in the State of Colorado, hereinafter referred to as the CONSULTANT, to prepare plans ands ecifications for the PROJECT. b. The agreement between the BoRROwER~ TAIVT and the plans and specifications must be submitted to the CWCB staff for i ion of com 'ance with the terms of this contract prior to bid opening. Any modifications t 'did ecifications must be approved in writing by the CWCB staff. ~,/ c. For plans and specifications for all jurisdictional dams and reservoirs, as defined by § 37-87-105 C.R.S. (1997), the BORROWER shall provide a letter of approval from the State Engineer's Office prior to construction. d. CWCB staff must be present at bid opening and must approve the award of the construction contract. e. The BORROWER shall contract for the construction of the work with responsible and capable firms, hereinafter referred to as CONSTRUCTION FIRMS, which CONSTRUCTION FIRMS shall be selected by the BORROWER and found acceptable by the CWCB staff before work under this contract begins. f. The BORROWER must provide a copy of the executed construction contract documents consisting of the advertisement for bid, contractor's proposal, construction contract, bid bond, performance bond, payment bond, notice of award, notice to proceed, sample change order, and sample field order. After the CWCB staff verifies that these documents comply with the terms of this contract, the BORROWER may issue the notice to proceed to the CONSTRUCTION FIRMS. g. The BORROWER shall conduct apre-construction conference at which time the CWCB staff shall have the opportunity to review and approve the construction schedule. h. If the CWCB staff determines that the PROJECT requires a resident inspector during construction, the BORROWER shall employ an inspector who has been approved by the CWCB staff. i. The BORROWER shall construct the PROJECT in accordance with the approved plans and specifications. j. Upon completion of the PROJECT construction, the BORROWER shall provide as-built drawings of the PROJECT to the CWCB staff, and, if required by § 37-87-105, C.R.S. (1997), the BORROWER Farmers Pawnee Canal Company Page 2 of 13 Loan Contract