PROJC00965

• Contract/PO #: C153513
• Contractor Name: Ute Mountain Ute Tribe
• Water District: 0
• County: Montezuma
• Bill Number: XB 99-999
• Loan Projects - Doc Type: Contract Documents

the Contractor shall maintain in full force and effect
either an errors and omissions policy or a professional
liability insurance pOlicy in at least the amount of
$1,000,000. Such policy shall remain in effect for the
duration of the contract and for at least two years
beyond the completion and acceptance of the Project.
The Contractor shall submit a Certificate of Insurance
verifying all above required coverages at the signing
of this contract. and also any Notices of Renewals of
said policy as they occur.

4. The Contractor shall be responsible for all claims,
damages. losses or expenses. including attorney's fees.
arising out of or 'resulting from the performance of the
professional services contemplated in this contract.
provided that any such claim. damage. loss or expense
is attributable to bodily injury or death. or to injury
to or destruction of tangible property. or to failures
of the structure of the Project, inClUding the loss of
use reSUlting therefrom, and is caused by any act,
error. or omission of the Contractor. any consultant or
associate thereof, or anyone directly or indirectly
employed by the Contractor. but not to the extent such
claims are caused by any act or omission of. or breach
of contract by. the State. its employees. agents. other
contractors or assignees. or other parties not under
the control of or responsible to the Contractor.

5. In consideration of the services to be rendered by the
Contractor. the State will compensate the Contractor at
the rates set forth in Exhibit C hereto. which exhibit
is by this reference incorporated herein, for services
actually rendered and costs actually incurred by it in
the performance of this contract. up to the total
maximum amount of Four Hundred Fifty Thousand Dollars
($450,000). This total maximum amount shall not be
exceeded without benefit of a written supplemental
contract executed prior to the performance of any
services, 'the payment for which would exceed this
amount. Any services performed which exceed this
amount without benefit of such supplemental contract
shall be deemed covered under the compensation
provisions of this contract. The above maximum payable
amount shall constitute the budget amount for such
work. If at any time during the performance of
services the Contractor reasonably estimates and
documents that the actual expenditures for the tasks
will exceed the budget amount. the Contractor will
promptly advise the State of this circumstance. If
such documentation is satisfactory. the State may. in
its discretion, either increase the budget amount by an
amount sufficient to permit the services to be
completed at the revised estimated level by written
supplemental contract. or may authorize the Contractor
to reduce the scope of services so as not to exceed the
maximum amount.

6. Five percent (5%) of each payment due the Contractor
pursuant to paragraph 5 will be retained by the State.
Subject to the terms of this contract. such retainage
will be paid to the Contractor within forty-five (45)
days after the "as built" documents required by Exhibit
B are submitted by the Contractor. provided they are
approved by the State.

7. In the event any question arises concerning whether or
not the Contractor should be compensated for a
particular service rendered or cost incurred under this
contract. such question shall be answered and
determined by the terms of this contract and by using

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