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<br />.-.---) <br /> <br />(2) Preparing bid and construction contract <br />documents. <br /> <br />(3) Preparing environmental assessment or <br />environmental impact statements, and otherwise <br />complying with the federal National Environmental <br />Policy Act. <br /> <br />(4) Complying with all federal, state, and local <br />regulatory requirements, including the obtaining of <br />'all required permits and CLOMR. <br /> <br />(5) Lands and rights-of-way acquisitions needed <br />for the project, including the necessary appraisals <br />and evaluations. <br /> <br />(6) Fish and wildlife mitigation measures required <br />by federal, state, or local laws and regulations. <br /> <br />(7) Actual construction as called for in the bid <br />documents and in Change Orders approved by the <br />Consultant, the Contractor, the Construction Firm, <br />and the state. <br /> <br />(8) Engineering services for construction <br />management, including design and construction <br />management for state-approved Change Orders. <br /> <br />(9) Legal services for: <br /> <br />(a) Reviewing engineering services contracts. <br /> <br />(b) Reviewing this contract. <br /> <br />(0) Reviewing construction contract <br />documents. <br /> <br />(d) Acquiring the lands and rights-of-way <br />needed for the project. <br /> <br />(e) Complying with all federal state, and <br />local regulatory requirements. <br /> <br />Legal services must be approved by the state <br />in writing before they are rendered to be <br />eligible for payment by the state. <br /> <br />2. Provide the Contractor with such technical assistance as <br />the State deems appropriate in planning, constructing, and <br />operating the project and in coordinating the project with local <br />official comprehensive plans for sewer and water and with any <br />state or area plans for the area in which the project is <br />located. <br /> <br />c. This contract is not assignable by the Contractor except <br />with the prior written approval of the state. <br /> <br />D. The parties to this contract intend that the relationship <br />between them contemplated by this contract is that of <br />lender-borrower, not employer-employee, agent-principal, nor <br />should this relationship be deemed to be a fiduciary <br />relationship or a sur.etyship. No agent, employee, or servant of <br />the Contractor shall be, or shall be deemed to be, an employee, <br />agent, or servant of the state. The Contractor will be solely <br />and entirely responsible for its acts and the acts of its <br />agents, employees, servants, engineering firms, construction <br />firms, and subcontractors during the performance of this <br />contract. <br /> <br />Page ~ of ~ Pages <br /> <br />",..-- <br />