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Small Project Loan Account to the BORROWER in an amount not to exceed $100,000 at an <br /> interest rate of 4.25% per annum for a term of thirty years. <br /> 10. The STATE now desires, by this contract, to loan money to the BORROWER for this PROJECT <br /> upon mutually agreeable terms and conditions. <br /> NOW THEREFORE, in consideration of the mutual and dependent covenants contained, <br /> the parties agree as follows: <br /> A. The BORROWER agrees as follows: <br /> 1. Construction Fund Program Procedures. The following items are procedures the <br /> BORROWER shall follow during the construction phase of the PROJECT rehabilitation. <br /> a. The BORROWER shall employ an engineer, registered in the State of Colorado, hereinafter <br /> referred to as the CONSULTANT, to prepare plans and specifications for the PROJECT. <br /> b. The agreement between the BORROWER and the CONSULTANT and the plans and <br /> specifications must be submitted to the CWCB staff for verification of compliance with the <br /> terms of this contract prior to bid opening. Any modifications to the plans and <br /> 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 § 37- <br /> 87-105 C.R.S. (1990), 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 /> FULL. <br /> e. The BORROWER shall contract for the MIDI elf the work with responsible and <br /> capable firms, hereinafter referred to as CONSTRUCTION FIRMS, which CONSTRUCTION <br /> FIRMS shall be selected by the BORROWER and found acceptable by the CWCB staff <br /> before work under this contract begins. <br /> f. The BORROWER must provide a copy of the executed construction contract documents <br /> consisting of the advertisement for bid, contractor's proposal, construction contract, bid <br /> bond, notice of award, notice to proceed, sample change order, and sample field order. <br /> After the CWCB staff verifies that these documents comply with the terms of this contract, <br /> the BORROWER may issue the notice to proceed to the CONSTRUCTION FIRMS. <br /> g. The BORROWER shall conduct a pre-construction conference at which time the CWCB <br /> staff shall have the opportunity to review and approve the construction schedule. <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 the <br /> CWCB staff. <br /> i. The BORROWER shall construct the PROJECT in accordance with the approved plans and <br /> specifications. <br /> j. Upon completion of the PROJECT construction, the BORROWER shall provide as-built <br /> The Decker Lateral Company Page 2 of 14 Loan Contract <br />