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<br />.~._- <br /> <br />H, Pursuant to 1994 Colo. Sess. Laws, Section 1, Chapter 265, as amended in the 1995 <br />Colo, Sess, Laws, the Colorado General Assembly authorized CWCB to loan to the BORROWER an <br />amount not to exceed $750,500 for the PROJECT. <br /> <br />L Remy Labrouche and Ruth A, Labrouche, stockholders of the BORROWER, have agreed to <br />convey a security interest to the STATE in certain property owned by them as individuals as part of <br />the security for this loan, <br /> <br />J, The STATE now desires, by this contract, to loan money to the BORROWER for this PROJECT <br />upon mutually agreeable terms and co'nditions. <br /> <br />NOW THEREFORE, in consideration ofthe mutual and dependent covenants contained, the <br />parties agree as follows: <br /> <br />A, The BORROWER agrees as follows: <br /> <br />1, Construction Fund Program procedures. The following items are procedures the BORROWER <br />shall follow during the construction phase of the PROJECT rehabilitation. <br /> <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 /> <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 specifications <br />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 ~ 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 /> <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 capable <br />firms, hereinafter referred to as CONSTRUCTION FIRMS, which CONSTRUCTION FIRMS shall be <br />selected by the BORROWER and found acceptable by the eWCB staff before work under this <br />contract begins. <br /> <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 bond, <br />performance bond, payment bond, notice of award, notice to proceed, sample change order, <br />and sample field order. 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 CONSTRUCTION <br />FIRMS, <br /> <br />g, The BORROWER shall conduct a pre-construction conference at which time the CWCB staff <br />shall have the opportunity to review and approve the construction 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 the CWCB <br />staff , <br /> <br />Vouga Reservoir Association <br /> <br />Page 2 of 1 2 <br /> <br />Loan Contract <br />