The AIA B Standard Form of Agreement between the Owner and Architect is hereby amended as follows:

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1 AMENDMENT A to AIA B between the Owner, Colorado College, and Architect (Firm s name) with Standard Form of Architect s Services made as of (Contract date). PROJECT: (Project name) The numbering used herein corresponds to that of the standard AIA document. The type of modification is indicated by the following terminology. OMIT indicates the original sentence(s) or paragraph(s) as identified has been deleted. ADD indicates the article; paragraph or sentence(s) shown in bold has been added. REVISE indicate only the portions of text shown in bold type has been modified. The AIA B Standard Form of Agreement between the Owner and Architect is hereby amended as follows: Subparagraph OMIT: Original statement ADD: All reports, plans, specifications, field data, notes, and other relevant documents, including electronic media, prepared by the Architect as an Instrument of Service shall remain property of the Architect. The Architect grants the Owner a non-exclusive license to reproduce the Architect s Instrument of Service solely for the purpose of constructing, maintaining, and/or future modifications of the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar non-exclusive licenses from the Architect s Consultants consistent with this Agreement. When the Agreement is terminated, whether the Architect s Work is completed or not (a) the Architect shall provide to the Owner all Instruments of Service in their current state of completion and (b) the Owner shall have the right to use such Instruments of Service then or in the future. The Owner acknowledges that any reuse without specific written verification or adaptation by the Architect will be at the Owner s sole risk and without liability or legal exposure to the Architect. The Owner agrees, to the fullest extent permitted by Law, to indemnify and hold harmless the Architect from all claims, liability or cost, including reasonable Architect s Attorney fees arising or allegedly arising from any use, reuse or modification of the Architect s Instrument of Service by the Owner or any person or entity that acquire or obtain these documents through the Owner. Subparagraph OMIT: Original Statement ADD: The Architect shall provide the Owner electronic files and printed form of the Instruments of Service upon completion of the Project. The specific conditions and licenses, including any special limitations governing the use of such Instruments of Service or electronic data, are as stipulated in Paragraph Subparagraph ADD: If the Architect is not given a minimum of 14 days Notice of Termination, the Architect shall be entitled to all Termination Expenses as defined in Subparagraph 8.7. Subparagraph ADD:.9 Travel time by the Architect and the Architect s Consultants shall not be a reimbursable Expense. Subparagraph ADD: Adjustments to the Architect s compensation shall be made by mutual agreement between the Architect and Owner. Adjustments shall be considered for an Owner-direct change in the Scope of Work for the Project or for an Owner approved increase in the included Architect s Hourly Rate Schedule. AMENDMENT TO B141 B-3.1

2 Paragraph REVISE: For Reimbursable Expenses as described in Subparagraph and any other items included in Paragraph as Reimbursable Expenses, the compensation shall be computed as a multiplier of 1.1 times the actual expenses incurred by the Architect or the Architect s employee. Consultant reimbursable expenses shall not be subject to further mark-up by the Architect above the stipulated 1.1 multiplier. Paragraph ADD: Mileage, vehicle rental, hotel, telephone charges, postage, courier services, reproduction, photographic documentation, and office supplies directly related to performance of the Architect s and their Consultant s services as required by the Scope of Work for the Project. Paragraph REVISE: An initial payment of Zero Dollars (0) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. Paragraph REVISE: Payments are due and payable within thirty (30) days from the date of the Architect s invoice. Amounts unpaid for sixty (60) days after the invoice date shall bear interest at 8 % annual rate. ADD Article Insurance and Indemnification 1.6 The Architect and all consultants employed by the Architect shall each obtain and maintain insurance to protect the Architect, Consultants, and the Owner and as evidenced thereof, shall provide to the Owner completed Certificates of Insurance showing professional liability insurance, liability insurance, property insurance, business automobile insurance, and worker s compensation coverage in amounts reasonably satisfactory to the Owner Professional Liability Insurance coverage (Errors & Omissions) shall be obtained by the Architect and all Consultants for two (2) years after Substantial Completion of the Project and in the amount of not less than an annual aggregate of $2,000,000 and each claim of $1,000, Commercial General Liability insurance shall be provided by the Architect and all Consultants that is consistent with ISO 1996 form or equivalent and in the amount of not less than the general aggregate of $5,000,000 and each occurrence of $3,000,000. Coverage shall be written on a per occurrence basis. The cover shall: Include Premises and Operations Include explosions, collapse and underground hazards Include Products/Completed Operations Include Liability assumed under an Insured Contract (including defense assumed under contract) Include Broad Form Property Damage Include Independent Contractors Include Personal Injury/Advertising Liability Include ISO Form CG2503 (General Aggregate applied on a per project basis) for construction contracts Name The Colorado College, and its trustees, officers, employees, agents, and volunteers as Additional Insured Be provided by an insurer that possesses a minimum A.M. Best Insurance Guide rating of A VII Business Automobile Liability shall be obtained by the Architect and all Consultants that includes coverage for all vehicles owned, leased, hired, non-owned, and employee non-owned and AMENDMENT TO B141 B-3.2

3 should include personal injury protection and should be written for an amount of not less than $3,000, Worker s Compensation shall be obtained by the Architect and all Consultants that meets statutory limits. Employer Liability is required for a minimum of $100,000 Disease-Each Employee The Architect shall ensure that the issuing insurance company will give a minimum of thirty (30) days advanced written notice of cancellation or non-renewal of policies required under this Agreement The Certificate Coverage Disclaimer It is certified that none of the listed policies will be cancelled unless 30 (thirty) days prior written notice via U.S. mail of such cancellation is given to The Colorado College. It is further certified that 30 (thirty) days advance written notice of the Insurer s intent not to renew any of the listed policies will also be provided to The Colorado College by the Architect All policies of insurance shall be on a primary basis, not contributory with any other insurance coverage and/or self-insurance carried by the Owner The Architect and their consultants shall obtain a renewal certificate at least fifteen (15) days prior to expiration of each policy The Architect and their consultants each shall agree to indemnify and hold harmless The Colorado College, it s trustees, officers, employees, agents and volunteers from and against all liability, claims, and attorney s fees which arise from this Agreement, if such injury, loss, mistake, negligence or willful misconduct of the Architect or their consultants. 1.7 The obligations of Article 1.6 shall not extend to any injury, loss or expense to the extent caused by the negligence, omission or other fault of the Owner or their officers, employees, agents and volunteers. ADD: Article 1.7 Independent Contractors 1.8 The Architect and their Consultants hereby certify that they are independent contractors with respect to the services preformed under the Agreement and are not employees of The Colorado College. ADD: Article 1.8 Assignment 1.9 This Agreement cannot be assigned without express written permission from the Owner and the Architect. Article 1.8 does not extend to ancillary services provided as reimbursable expenses under this Agreement. Subparagraph REVISE: The Architect shall make recommendations for the rejection of Work of which the Architect is aware that does not conform to the Contract Documents. Wherever the Architect considers it necessary or advisable, the Architect will have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed, or completed. In the case of Work directly related to compliance to the Code or Life/Safety issues, the Architect shall specifically notify the Owner and have the authority to reject Work. However, neither this recommendation of the Architect nor a decision made in good faith either to exercise or note to exercise such recommended action shall give rise to a duty or responsibility of the Architect to the Contractor, Sub-contractor, material or equipment supplier their agents or employees of other persons or entities performing portions of the Work. AMENDMENT TO B141 B-3.3

4 Subparagraph REVISE: Responses to the Contractor s extensive Request for Information where such information is available to the Contractor from careful study and comparison of the Contract Documents, filed conditions, other Owner provided information, Contractor prepared coordination drawings, or prior Project correspondence of documentation. Subparagraph REVISE: Change Orders and Construction Change Directives requiring extensive evaluation of proposals, including the preparation or revision of Instruments of Service. Subparagraph ADD: Services and reimbursable expenses necessary to correct design errors, omissions, and deficiencies. ADD:.1 Service and reimbursable expenses to correct design errors, omissions, and deficiencies that become apparent during the Construction Phase shall not be charged to the Project. ADD:.2 Service and reimbursable expenses to correct design errors, omissions and deficiencies that become apparent after Completion of the Project shall not be charged to the Project. 1/10/03 This Amendment is entered into as of the day and year first written in the Agreement. OWNER (signature) The Colorado College By: Thomas G. Nycum Vice President for Business & Finance ARCHITECT (signature) (Officer s Name and Title) (Firm s Name) AMENDMENT TO B141 B-3.4

5 EXHIBIT A (Architect to complete) Hourly rates for (verify applicable time period) from are: Principal Associate Project Director/Staff I Project Manager Staff II VI (Staff and support service personnel as applicable) The above rates would apply to any agreed upon additional services. Invoices will be presented monthly for payment based on a percentage of completion, up to the established amount for this phase plus expenses. Reimbursable Expenses. Expenses including travel, messenger, reproduction, material, etc. as necessary for this phase will be billed monthly at 1.1 times direct cost. Expenses are not included in our lump sum fee proposal. We will provide a separate proposal itemizing estimated reimbursable expenses. Revised 10/04 AMENDMENT TO B141 B-3.5

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