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<br />. . <br /> <br />3. Require all Subcontractors to indemnify the State and <br />the Contractor against all liability and loss, and against all <br />claims and actions based upon or arising out of damage or <br />injury, including death, to persons or property caused by or <br />sustained in connection with the performance of any subcontract <br />or by conditions created thereby, or based upon any violation <br />of any statute, ordinance, or regulation, and the defense of <br />any such claims or actions. <br /> <br />4. Require all Subcontractors to maintain liability <br />insurance in at least the following amounts: <br /> <br />a. For any injury to one person in any single <br />occurrence, the sum of One Hundred Fifty Thousand <br />Dollars ($150,000). <br /> <br />b. For any injury to two or more persons in any <br />single occurrence, the sum of Four Hundred Thousand <br />Dollars ($400,000). <br /> <br />Said liability insurance shall name the Contractor and <br />the State as co-insureds. No payments shall be made under this <br />contract unless a copy of a certificate of said liability <br />insurance has been filed with the Colorado Water Conservation <br />Board. <br /> <br />5. Conveyor cause title to be conveyed by warranty deed <br />to the Colorado Water Conservation Board, Department of Natural <br />Resources, State of Colorado, the following portions of the <br />proposed project facilities within thirty (30) days of their <br />completion: <br /> <br />An undivided 50 percent of the following: <br /> <br />a. 106,200 + cubic yards of embankment about 10 feet <br />in height and 3600 feet long at the crest, to be <br />placed on top of the existing embankment of Hertha <br />D=, <br /> <br />b. An outlet structure Which includes: <br /> <br />(1) a gated 30-inch 133-foot reinforced concrete <br />pipe tapering to a 24-inch 52-foot pipe. <br /> <br />(2) 62 + cubic yards of reinforced concrete in a <br />standard-riser. <br /> <br />(3) Two 5-foot, 6-inch by l2-inch trash racks. <br /> <br />(4) One 4-foot, 4-inch by 4-feet trash rack. <br /> <br />c. 2770 + linear feet of barbed wire farm fence. <br /> <br />d. 6610 ~ cubic yards of riprap. <br /> <br />e. An inlet structure which includes: <br /> <br />(1) 2500 ~ cubic yards of embankment. <br /> <br />(2) 305! cubic yards of concrete. <br /> <br />(3) 52,000 ~ pounds of reinforcing steel. <br /> <br />f. One a-foot by 4-foot by 72 foot concrete box <br />culvert to carry the spillway waters across the <br />county road. <br /> <br />The warranty deed must be recorded by the <br />Contractor in the proper county or counties and all transfer <br />taxes shall be paid by the Contractor. <br /> <br />Page 2 of 7 pages <br />