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<br /> extent not furnished, the Consultant accepts full liability and responsibility for Subcontractor's
<br /> employees.
<br /> In cases where any class of employees engaged in hazardous work under this Contract at the
<br /> site of the Project is not protected under the Workers' Compensation statute, the Consultant
<br /> shall provide, and shall cause each Subcontractor to provide, adequate and suitable insurance
<br /> for the protection of employees not otherwise protected
<br /> 7.5 PROFESSIONAL ERRORS AND OMISSIONS LIABILITY
<br /> (If this contract is for one of the following professional pre-design services such as;
<br /> geotechnical investigation and reporting, environmental assessment or land surveying or
<br /> for construction administrative services such as material testing, than the following
<br /> Professional Errors and Omissions Liability Insurance coverage applies)
<br /> The Consultant promises and agrees to maintain in full force and effect an Errors and Omissions
<br /> Professional Liability Insurance Policy in the amounts (indicated in the following table) as minimum
<br /> coverage or such other minimum coverage as determined by the Principal Representative
<br /> and approved by the State Buildings Programs. The policy, including claims made forms, shall
<br /> remain in effect for the duration of this Agreement and for at least three years beyond the
<br /> completion and acceptance of the Work. The Consultant shall be responsible for all claims,
<br /> damages, losses or expenses, including attorney's fees, arising out of or resulting from the
<br /> performance of Professional Services contemplated in this Agreement, provided that any such
<br /> claim, damage, loss or expense is caused by any negligent act, error or omission of the
<br /> Consultant, any consultant or associate thereof, or anyone directly or indirectly employed by
<br /> Architect/ Engineer. The Consultant shall submit a Certificate of Insurance verifying said coverage
<br /> at the signing of this Agreement and also any notices of Renewals of said policy as they occur.
<br /> For a Fixed Limit of Minimum Coverage per Minimum Coverage in the
<br /> Construction Cost Claim Aggregate
<br /> $999,999 and under $250,000 $500,000
<br /> $1,000,000 to$4,999,999 $500,000 $1,000,000
<br /> $5,000,000 to$19,999,999 $1,000,000 $2,000,000
<br /> $20,000,000 and Above $2,000,000 $2,000,000
<br /> ARTICLE 8. SPECIAL PROVISIONS
<br /> 8.1 CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This contract shall not be deemed
<br /> valid until it has been approved by the Colorado State Controller or designee.
<br /> 8.2 FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable
<br /> after the current fiscal year are contingent upon funds for that purpose being appropriated,
<br /> budgeted, and otherwise made available.
<br /> 8.3 GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed
<br /> or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
<br /> protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101
<br /> et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable
<br /> now or hereafter amended.
<br /> 8.4 INDEPENDENT CONTRACTOR. 4 CCR 801-2. Consultant shall perform its duties
<br /> hereunder as an independent contractor and not as an employee. Neither Consultant nor any
<br /> agent or employee of Consultant shall be deemed to be an agent or employee of the State.
<br /> Consultant and its employees and agents are not entitled to unemployment insurance or
<br /> Rev.5/2011 Page 4 of 10
<br /> SC-5.3
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