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`.. City of Batesville Greenway Walking Trail Contract and General Conditions THIS AGREEMENT, made and entered into this day of 20_, by and between TRICO, Inc., hereinafter called the"Contractor"and City of Batesville,hereinafter called the "Owner". In consideration of the mutual premises and agreements contained herein,the undersignec Contractor and Owner agree as follows: A. The Contractor shall I. Furnish all labor. materials, tools, machinery. supervision and services ecessary to perform all of the work in accordance with the description of work consisting of speci I nations, and supplemental contract documentation, dated October 2014, for work defined in City of Batesville. Arkansas, for the sum of$71,552.50. 2. Perform all work timely and diligently in a good and workmanlike manner using approved or equal materials as specified by the Grantee. 3. Begin work within 10 calendar days of receipt of the written Notice to Proceed and shall complete the work within 30 calendar days thereafter. 4. Carry Worker's Compensation and Employer's Liability Insurance in accordance with the laws of the State of Arkansas for all persons engaged in work at the site, an carry Contractor's Public Liability and Property Damage Insurance and Comprehensive Automobile Liability Insurance. 5. Furnish, before beginning the work, a Certificate of Insurance showing compliance with the provisions of Section A, Paragraph 4 above. 6. Keep the premises clean and orderly during the work and upon substantial completion of the contract, remove all rubbish,tools, scaffolding, and surplus materials firc m and about the site(s)and leave the work and premises consistent with prior appearance or equivalent. Material and equipment that have been removed and replaced as part of the work shall belong to the contractor. Not assign the contract without written consent from the Owner. 8. Guarantee the work performed for a period of twelve months from the date of final acceptance of all work required by this contract. Furthermore, furnish the Owner and the Grantee with all manufacturer's and supplier's written guarantees and warranties covering materials and equipment furnished under this contract. 9. Furnish the Owner, upon completion of the work and upon final payment by the Owner, a Release of Lien Form certifying that all charges for materials, labor, and/or any other expenses incurred by the Contractor pertaining to the execution of this contract have been paid in full. 10. Defend, indemnify and hold harmless the Owner, the Arkansas Highway and Transportation Department, their agents or employees from and against any and all claims for injuries or damages to persons or property of any kind or character, whatsoever, whether re4d or asserted, arising out of the performance of this contract. Furthermore, shall assume all liability and responsibility for injuries, claims or suits for damages, to persons or property of any kid or character, whatsoever, whether real or asserted. arising out of the performance of this contract. B. The Owner shall Batesville Greenway Phase 111 Section 1 September 2014 11