C153564 Contract - Laserfiche WebLink

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. .c .~ ~. ~ .~ WHEREAS. pursuant to House Bill 1042. Fifty-Fifth General Assembly. the State has been authorized to loan Fifty Thousand Dollars ($50.000) for construction of the project. including the cost of the feasibility report; and WHEREAS. the amount of Fifty Thousand Dollars ($50.000) may be increased by reason of changes made in the plans for the project; and WHEREAS. such changes are required by final engineering drawings and specifications; and WHEREAS. the amount of fifty Thousand Dol1ars ($50.000) was increased to One Hundred Thousand Dollars ($100.000) including the cost of the feasibility report. NOW THEREFORE. in consideration of the mutual and dependent covenants herein contained. it is agreed by the parties hereto as follows: A. The State and the Contractor have previoUSly entered into a termination contract. attached hereto as Exhibit A. and a feasibility report contract. attached hereto as Exhibit B. Exhibits A and B are incorporated by reference herein. The Contractor's Articles of Incorporation and Corporate By-Laws are also incorporated by reference herein. B. The Contractor agrees that it shall: 1. Employ an engineering firm (hereinafter referred to as the Consultant) to prepare project plans and specifications for the project. Both the Consultant and the project plans and specifications must be approved in writing by the State before construction on the project can commence. For purposes of this paragraph. "construction" includes any real estate and water rights acquisitions. 2. Contract for the construction of said project to a responsible and capable firm or firms (hereinafter referred to as Construction Firm or Firms). which Construction Firms shall be selected by the Contractor through competitive pUblic bidding. The State must approve in writing all contracts before they can become effective. 3. Cause construction of the project to be completed within three (3) years of the date of this contract. in accordance with the project plans "and specifications and any necessary modification(s) thereof approved by the State. This time may be extended by the State in writing if such time is insufficient because of acts of God or other acts or circumstances beyond the control of the Contractor. The Contractor must produce documented justification of any such acts or circumstances. 4. Require all Construction Firms and their subcontractors to indemnify the State and the Contractor against all liability and loss, and against all claims and actions based upon or arising out of damage or injury. including death. to persons or property. caused by any acts or omissions of those parties or sustained in connection witn the performance of any contract related to the project or by conditions created thereby. or based upon any violation of any statute. ordinance. or regulation. and the defense of any such claims or actions. 5. Require all Construction Firms and their subcontrac- tors to maintain during the term of their contracts for project construction the following: a. Workmen's compensation and employers' liability insurance in the required statutory amounts. Page ~ of 11 Pages