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<br />or resulting from the performance of the said services, with minimum coverages to be determined by the
<br />Principal Representative, and provided that any such claim, damage, loss or expense is attributable to bodily
<br />injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use
<br />resulting therefrom, and is caused in whole or in part by any negligent act or omission of Consultant,
<br />subconsultant or associate thereof, anyone directly or indirectly employed by Consultant, or anyone for
<br />whose acts any of them may be liable, regardless of whether or not it is caused in whole or in part by a party
<br />indemnified hereunder.
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<br />Consultant shall submit a Certificate of Insurance listing the Principal Representative as additional insured
<br />and submitting the endorsement of such to the Principal Representative evidencing such insurance policies,
<br />and notices of renewals of said policies as they occur shall be forwarded to the address first given above at
<br />the signing of this Contract.
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<br />ARTICLE 15. SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may
<br />designate. This provision is applicable to any contract involving the payment of money by the Slate.
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<br />FUND AVAILABILITY
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated.
<br />budgeted, and otherwise made available.
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<br />BOND REQUIREMENT
<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any
<br />building, road, bridge, viaduct. tunnel, excavation or other public work for this State, the Contractor shall, before entering upon the perfonnance of any
<br />such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable
<br />surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the tenns of this contract. Such bond shall be
<br />duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the Contractor
<br />or his subContractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such
<br />Contractor or his subContractor in perfonnance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or
<br />equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at
<br />the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the Contractor arising under such contract
<br />shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be
<br />accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
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<br />INDEMNIFICATION
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<br />4. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all
<br />claims, damages, liability and court awards including costs, expenses, and attomey fees incurred as a result of any act or omission by the Contractor, or
<br />its employees, agents, subContractors, or assignees pursuant to the terms of this contract.
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