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<br />~. CV1-1-1t=-:i;~; '~.~';~:~ c.;~ ;C-:;';;':!, statel 2.~~ local regulator~/ requirements, including the
<br />obtaining of all required permits,
<br />
<br />e, Fish and wildlife mitigation measures required by federal, state, or local laws and
<br />regulations,
<br />
<br />f. Actual construction as called for in the design documents and in change orders
<br />approved by the CWCB and the BORROWER,
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<br />g. Engineering services for construction management, including design and construction
<br />management for CWCB-approved change orders,
<br />
<br />h. Interest during completion of the PROJECT pursuant to Paragraph A.3 herein.
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<br />i. Legal services for reviewing engineering services contracts, reviewing this contract,
<br />reviewing construction contract documents, and for complying with all federal, state,
<br />and local regulatory requirements.
<br />
<br />3, Loan Disbursements, The BORROWER shall provide to the CWCB a report prior to each
<br />loan disbursement that states the PROJECT tasks completed and the costs expended for
<br />that period, The CWCB shall disburse loan funds in accordance with Section 4,
<br />(Disbursement Schedule) of the Project Summary,
<br />
<br />4, Time for Performance, The BORROWER recognizes that time is of the essence in the
<br />performance of all of its obligations under this contract. Therefore, the BORROWER shall
<br />complete the PROJECT within the time specified in Section 5 (Time For Performance) of
<br />the Project Summary, The CWCB may extend the time for performance in accordance
<br />with State fiscal rules,
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<br />5. Indemnification By The Construction Firm, The BORROWER shall require all
<br />Construction Firms and their subcontractors to indemnify the CWCB and the BORROWER
<br />against all liability and loss, and against all claims and actions based upon or arising out
<br />of damage or injury, including death, to persons or property, caused by any acts or
<br />omissions of those parties or sustained in connection with the performance of any
<br />contract related to the PROJECT or by conditions created thereby, or based upon any
<br />violation of any statute, ordinance, or regulation, and the defense of any such claims or
<br />actions.
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<br />6, Liability Insurance During Construction, During construction of the PROJECT, the
<br />BORROWER shall require the following insurance coverage in the limits shown with a
<br />company that is satisfactory to the CWCB.
<br />
<br />a, BORROWER shall maintain builder's risk insurance for construction in progress for all
<br />perils of loss including fire, wind, hail, and vandalism in an amount equal to the
<br />completed value of the PROJECT,
<br />
<br />b, The construction firms and subcontractors shall maintain during the term of their
<br />contracts for construction of the PROJECT the following.
<br />
<br />j. Worker's compensation and employer's liability insurance in the required statutory
<br />amounts,
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<br />II. Automobile liability insurance that includes coverage for all owned, non-owned and
<br />hired vehicles with minimum limits of $1,000,000 combined single limit for bodily
<br />injury and property damage, '
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<br />Julesburg Irrigation District
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<br />Page 7 0112
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<br />Loan Contract
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