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The Borrower will provide to the CWCB a Parity Certificate,from an independent certified public <br /> accountant, certifying that based on an analysis of the Borrower's revenues, for 12 consecutive <br /> months out of the 18 months immediately preceding the date of issuance of such parity debt,the <br /> Borrower's revenues are sufficient to pay its annual operating and maintenance expenses, annual <br /> debt service on all outstanding indebtedness having a lien on the Pledged Revenues,including this <br /> loan,the annual debt service on the proposed indebtedness to be issued, and all required deposits <br /> to any reserve funds required by this Contract or by the lender(s) of any indebtedness having a <br /> lien on the pledged revenues. The analysis of revenues shall be based on the Borrower's current <br /> rate structure or the rate structure most recently adopted.No more than 10%of total revenues may <br /> originate from tap and/or connection fees. <br /> Section 6—Loan Security <br /> The Security for this loan, as evidenced by the executed Security Agreement(Appendix 5)and <br /> incorporated herein, shall be: (i)an irrevocable (but not exclusive)pledge to the CWCB of the <br /> Pledged Revenues in such amount as is necessary to make each annual payment due under this <br /> Contract,on a parity with all Parity Indebtedness; (ii)an assessment covenant; and(iii)annual <br /> financial reporting. All Loan Security shall be in accordance with CWCB Policy No. 5. <br /> Section 7—Additional Conditions and Requirements <br /> None. <br /> Section 8—"Construction Fund Program"Procedures for Projects <br /> A. The Borrower shall employ an engineer, registered in the State of Colorado to prepare plans and <br /> specifications for the Project. <br /> B. Engineering contracts and the plans and specifications must be submitted to the CWCB staff for <br /> verification of compliance with the terms of this Contract when available prior to bidding. Any <br /> modifications,to the plans and specifications that effect changes to the construction costs must be <br /> approved in writing by CWCB. <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 Engineer's Office <br /> prior to construction. <br /> D. The Borrower shall notify CWCB of the bid opening date, time and location. CWCB staff may <br /> elect to attend the bid opening. <br /> E. The Borrower shall contract for the construction of the work with responsible and capable <br /> Construction Firms, selected by the Borrower and found acceptable by the CWCB staff CWCB <br /> must approve the award of the construction contract. <br /> F. The Borrower must provide a copy of the following construction contract documents: executed <br /> contractor's proposal, executed construction contract, executed performance bond, executed <br /> payment bond, executed notice of award, proposed notice to proceed, sample change order, and <br /> sample field order, as well as the advertisement for bid. After the CWCB staff verifies that these <br /> documents comply with the terms of this Contract, the Borrower may issue the notice to proceed <br /> to the Construction Firms. <br /> G. The Borrower shall conduct a pre-construction conference at which time the CWCB staff shall <br /> Appendix 1 <br /> Page 2 of 4 <br /> Contract Number:CT2019-648 <br />