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<br />incorporated by reference herein and referred to as the <br />termination contract) which terminated a feasibility report <br />contract (attached as Exhibit B and incorporated by reference <br />herein) previously entered into between the parties. <br /> <br />B. The Contractor agrees that it shall: <br /> <br />1. Employ an engineering firm (hereinafter referred to as <br />the Consultant) to prepare project plans and specifications for <br />the project. Both the Consultant and the project plans and I <br />specifications must be approved by the State before initiation <br />of construction on the project. including any real estate and <br />water rights acquisitions. can commence. <br /> <br />2. Contract for the construction of said project to a <br />responsible and capable firm or firms (hereinafter referred to <br />as Construction Firm or Firms), which Construction Firms shall. <br />when required by the State. be selected through competitive <br />public bidding. The State must approve. in writing, all <br />contracts before they can become effective. <br /> <br />3. Cause construction of tne project to be completed <br />within three (3) years of the date of this contract in <br />accordance with the project plans and specifications and any <br />necessary modification thereof approved by the State. This <br />time may be extended by the State if such time is insufficient <br />because of acts of God or other acts or circumstances beyond <br />the control of the Contractor. <br /> <br />4. Require all Construction Firms and their subcontractors <br />to indemnify the State and the Contractor against all liability <br />and loss. and against all claims and actions based upon or <br />arising out of damage or injury, including death. to persons or <br />property caused by or sustained in connection with the <br />performance of any contract or by conditions created <br />thereby, or based upon any violation of any statute, ordinance, <br />or regulation. and the defense of any such claims or actions. <br /> <br />5. Require all Construction Firms and their subcontrac- <br />tors to maintain during the term of their contracts for project <br />construction the following: <br /> <br />a. Workmen1s compensation and employers I liability <br />insurance in the required statutory amounts. <br /> <br />b. Automobile liability insurance for all vehicles. <br />and comprehensive general liability insurance, both in <br />at least the following amounts: <br /> <br />(1) For any injury to one person in any single <br />occurrence, the sum of Five Hundred Thousand <br />Dollars ($500.DOO). <br /> <br />(2) For any injury to two or more persons in any <br />single occurrence, the sum of One Million Dollars <br />($l.OOO.OOD). <br /> <br />(3) For any damage to property, the sum of Four <br />Hundred Thousand Dollars ($400.000) for each <br />occurrence. <br /> <br />Said general liability insurance shall name the <br />Contractor and the State as co-insureds. No payments <br />shall be made to the Contractor under this contract <br />unless copies of current certificates of all such <br />insurance have been obtained by the Contractor and <br />filed witn the State. <br /> <br />6, Permit periOdic inspection of construction by <br />authorized representatives of the State during and after <br />construction. <br /> <br />Page ~ of i Pages <br />