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BGS Small Construction Project Contract Page 2 of 7 Page 2 of 7
Rev. 02/05/08; 4/15/09 Articles 7, 10, §12.1 ARRA
§ 3.2 The Contractor shall comply with all laws applicable to this work.
§ 3.3 The Contractor shall remain an independent agent during the duration of this Contract,
shall not become an employee of the State, and assures that no State employee shall be
compensated by or otherwise benefit from this Contract.
ARTICLE 4 OWNER'S RESPONSIBILITIES
§ 4.1 The Owner shall provide full information about the objectives, schedule, constraints and
existing conditions of the project. The Owner has established a budget with reasonable
contingencies that meets the project requirements.
§ 4.2 The Owner attests that all State of Maine procurement requirements have been met,
including approval of this project and the solicitation of a minimum of three quotations for the
work described in this contract.
ARTICLE 5 TERMINATION
§ 5.1 This Contract may be terminated by either party upon not less than seven days' written
notice to the other party should such other party fail to perform in accordance with the terms of
this Contract. This Contract may be terminated by the Owner upon not less than seven days
written notice to the Contractor for the Owner's convenience and without cause.
ARTICLE 6 MISCELLANEOUS PROVISIONS
§ 6.1 This Contract shall be governed by the laws of the State of Maine.
§ 6.2 The Owner and Contractor, respectively, bind themselves, their partners, successors,
assigns and legal representatives to this Contract. Neither party to this Contract shall assign the
Contract as a whole without written consent of the other party, which consent the Owner may
withhold without cause.
ARTICLE 7 INDEMNIFICATION
§ 7.1 The Contractor shall indemnify and hold harmless the Owner and its officers, agents and
employees from and against any and all claims, liabilities and costs, including reasonable
attorney’s fees, for any or all injuries to persons or property, arising from the negligent acts or
omissions of the Contractor, its employees, agents, officers or subcontractors in the performance
of work under this Contract. The Contractor shall not be liable for claims arising out of the
negligent acts or omissions of the Owner or for actions taken in reasonable reliance on written
instructions of the Owner.
The Contractor shall notify the Owner promptly of all claims arising out of the performance of
work under this Contract by the Contractor its employees or agents, officers or subcontractors.
This indemnity provision shall survive the termination of the Contract, completion of the project
or the expiration of the term of the Contract.
ARTICLE 8 INSURANCE REQUIREMENTS
§ 8.1 The certificates shall name the Owner as certificate holder and as additional insured for
general liability and automobile liability coverages. The submitted forms shall contain a