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<br />ARTICLE 13. WORK PRIOR TO EXECUTION OF CONTRACT
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<br />Work or services performed, or expenses incurred prior to the execution of this Contract (State
<br />Controller Approval) without the prior written consent of the Principal Representative shall not be
<br />reimbursable and are not eligible expenditures under the terms and conditions of this Contract
<br />This is in accordance with the provisions of 024-30-202(3), C.R.S., as amended,
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<br />ARTICLE 14. INSURANCE
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<br />It is covenanted and agreed by the Consultant that during the course of the services to be
<br />undertaken, the Consultant shall maintain in full force and effect Workmen's Compensation and
<br />Employer's Liability Insurance as required by applicable law and in addition, Comprehensive
<br />General Liability, and Property Damage Insurance from and against all claims, damages. losses
<br />or expenses, including attorney's fees, arising out of or resulting from the performance of the
<br />said services, with minimum coverages to be determined by the Principal Representative, and
<br />provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness,
<br />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
<br />Consultant, subconsultant or associate thereof, anyone directly or indirectly employed by
<br />Consultant, or anyone for whose acts any of them may be liable, regardless of whether or not it
<br />is caused in whole or in part by a party indemnified hereunder.
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<br />Consultant shall submit a Certificate of Insurance listing the Principal Representative as
<br />additional insured and submitting the endorsement of such to the Principal Representative
<br />evidencing such insurance policies, and notices of renewals of said policies as they occur shall
<br />be forwarded to the address first given above at 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 shaft not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as
<br />he may designate. This provision is applicable to any contract involving the payment of money by the State.
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<br />FUND AVAILABILITY
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<br />2. Financial obligations of the State of Colorado payal:lle after the current fiscal year are contingent upon funds for that purpose being
<br />appropriated, budgeted, and otherwise made available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or
<br />improvement of any building, road, bridge, viaduct. tunnel, excavation or other public work. forthis State, the Contractor shall, before entering
<br />upon the performance of any such work included in this contract, duly execute and deliver to the State official who will si9n the contract, a
<br />good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-naif of the total amount
<br />payable by the terms of this contract. Such bond shalf be dury executed by a qualified corporate surety conditioned upon the faithful
<br />performance of the contract and in addition, shall prOvide that if the Contractor or his subContractors fail to duly pay for any labor, materials,
<br />team hire, sustenance, proviSIons, provendor or other supplies used or consumed by such Contractor or his subContractor in performance
<br />of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the
<br />work the surety will pay the same in an amount not exceeding the sum speCified in the bond, together with interest at the rate of eight per
<br />cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the Contractor arising under such contract shall be
<br />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 eRS 38-26-106.
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<br />INDEMNIFICATION
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<br />4, To me extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against
<br />any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or
<br />omission by the Contractor, or its employees, agents, subContractors, or assignees pursuant to the terms of this contract.
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