ADDENDUM: OWNER’S AMENDMENTS TO OWNER-ARCHITECT AGREEMENT,
AIA DOCUMENT B105
This Addendum is hereby made a part of and incorporated into those agreement between the State Board of Higher Education, acting through ______(Owner) and ______(Architect) and amends that agreement, which is AIA Document B105—2007, entitled “Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project,” (“Contract”) for the “______Project.” The parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions are in conflict with any of the terms and conditions of the Contract, then notwithstanding any term in the Contract, the following terms and conditions govern and control the rights and obligations of the parties. Any amendments to the Contract or to this Addendum, or any other amendments, must be in writing and executed by both parties. When applicable, substitute the word “Engineer” for the word “Architect” throughout this Addendum and the Contract.
AIA B105
Section
Reference The following sections and paragraphs are amended as follows:
Page 1 The name of the Owner is:
State Board of Higher Education, acting through ______
Article 1 Second paragraph, which begins “During the Design Phase, …” in its second sentence, which begins with “Upon the Owner’s approval of the design, …” insert the word “written” after “Owner’s” and before “approval”
Article 5 Change the first sentence to state:
This Agreement shall be governed by the laws of the state of North Dakota.”
Article 7 Insert the following:
Insurance:
Architect shall secure and keep in force during the term of the Agreement, from insurance companies authorized to do business in North Dakota: 1. commercial general liability, with minimum limits of liability of $1,000,000 per claim and annual aggregate limit; 2. Automobile liability, with minimum limits of liability of $250,000 per person and $1,000,000 per occurrence; and 3. workers’ compensation insurance as required by state law. Architect shall furnish Owner with certificates of insurance as evidence these policies are in effect.
Architect shall procure and maintain professional liability insurance covering liability for negligent acts, errors or omissions in providing or failing to provide professional services, with a minimum coverage limit of $500,000. Coverage shall be in force during the terms of this Agreement and for a period of at least twelve months thereafter. Architect will furnish Owner with certificate(s) of insurance as evidence this policy is in effect.
Insurance coverages may not be canceled or modified without thirty days written notice to Owner.
Indemnity:
Architect agrees to indemnify, save and hold harmless the Owner and State of North Dakota and its agencies, officers and employees, from any and all claims of any nature, including all costs, expenses and attorneys’ fees, which may in any manner arise out of or result from Architect’s negligent acts or omissions in performing work under this Agreement, except for claims arising out of the sole negligence of Owner or State. Architect’s obligation to indemnify, save and hold harmless the Owner and State shall not be limited to the amount of insurance actually secured under this Agreement, including any insurance above the minimum required, but shall extend to the full amount on any claims, loss or damage incurred or awarded, including costs, expenses and attorneys’ fees.
Independent Entity
Architect is an independent entity under this Contract and is not an Owner employee for any purpose. Architect retains sole and absolute discretion in the manner and means of carrying out its activities and responsibilities under the Contract, except to the extent specified in the Contract.
Complete Agreement
The complete Agreement between the parties consists of the Contract documents and this document, “Addendum: Owner’s Amendments to Owner-Architect Agreement, AIA Document B105.”
OWNER: ARCHITECT:
BY:______BY:______
ITS:______ITS:______
DATE:______DATE:______
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