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<br />c. Performance of work. The BORROWER shall contract for the construction of the work with <br />responsible and capable firms, hereinafter referred to as CONSTRUCTION FIRMS, which CONSTRUCTION <br />FIRMS shall be selected by the BORROWER and found acceptable by the STATE before work under this <br />contract begins. <br /> <br />d. As-built drawings. Upon completion of the PROJECT, the BORROWER will provide as-built <br />drawings of the PROJECT to the CWCB staff for approval and filing. <br /> <br />2. Time for PROJECT completion. The BORROWER shall commence with construction of the PROJECT as <br />soon as practicable to effect completion within five (5) years of the date of this contract. The PROJECT <br />shall be constructed in accordance with the PROJECT plans and specifications and any modification{s) <br />thereof ap'proved by the ST ATE. The time for completion of the PROJECT may be extended subject to the <br />mutual agreement of the STATE and the BORROWER. The BORROWER must provide, in writing, documented <br />justification for request of extension sixty (60) days prior to the end of the five (5) year period for <br />completion. The BORROWER further recognizes that time is of the essence in the performance of all its <br />obligations under this contract. <br /> <br />3. Indemnification of the STATE. The BORROWER shall require all CONSTRUCTION FIRMS and their <br />subcontractors to indemnify the STATE and the BORROWER against all liability and loss, and against all <br />claims and actions based upon or arising out of damage or injury, including death, to persons or property, <br />caused by any acts or 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 an violation of any statute, <br />ordinance, or regulation, and the defense of any such claims or actions. <br /> <br />4. Liability insurance during construction. The BORROWER shall require the CONSTRUCTION FIRM and its <br />subcontractors to maintain during the term oftheir contracts for construction ofthe PROJECTthe following: <br /> <br />a. Workmen's compensation in the required statutory amounts, and employers' liability insurance <br />in the amount of $1,000,000. <br /> <br />b. Automobile liability insurance for all vehicles and comprehensive general liability insurance, both <br />in at least the following amounts: <br /> <br />(i) For any injury to one person in any single occurrence, the sum of Five Hundred Thousand <br />Dollars ($500,000). <br /> <br />(ii) For any injury to two or more persons in any single occurrence, the sum of One Million <br />Dollars ($1,000,000). <br /> <br />(jii) For any damage to property, the sum of Five Hundred Thousand Dollars ($500,000) for <br />,each occurrence. <br /> <br />Said general liability insurance shall name the BORROWER and the STATE as additional insured. No <br />payments for construction activities shall be made to the BORROWER under this contract unless copies of <br />current certificates of all such insurance have been obtained by the BORROWER and filed with the STATE. <br />Such filing of current certificates shall be accomplished before the beginning of construction. Notices of <br />renewals of said policies shall also be filed with the STATE as they occur. ' <br /> <br />5. After construction, hold the STATE harmless from any liability. and maintain liability insurance <br />coverage. The BORROWER shall, without expense or legal liability to the STATE, manage, operate, and <br />maintain the PROJECT continuously in an efficient and economical manner. The BORROWER agrees to <br />indemnify and hold the STATE harmless from any liability incurred by the STATE as a result w.the STATE'S <br /> <br />UTE WATER CONSERVANCY DISTRICT <br /> <br />Page3of11 <br /> <br />LOAN CONTRACT <br />