Init.
acknowledges that the Architect's duty is non-delegable — and that the Architect, by signing drawings or preparing Construction
Documents to submit for purpose of obtaining building and other governmental permits, shal! be deemed to certify that i has
taken every reasonable measure to ascertain what codes apply to the Project and has applied them accordingly. Nothing in this
Agreement shall be construed to eliminate or diminish the Architect's responsibility for compliance of its design, its Construction
Documents, and its Services provided with local, state and federal statutes and regulations.
§ 2.2.2 The Architect hereby represents and agrees that the plans, drawings, specifications and other documenis prepared by it
pursuant to this Agreement must be complete and functional for the purposes intended, except as to any deficiencies which are
due to cause beyond the control of the Architect, and that the Project, if constructed in accordance with such plans, drawings,
specifications and other documents, will be structurally sound and a complete and properly functioning facility suitable for the
purposed for which it is intended.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accepl any
employment, interest or contribution that would reasonably appear to compromise the Architect’s professional
Judgment with respect to this Project.
§ 2.5 The Architect shall maintain the fullowing insurance until termination of this Agreement. If any of the
requirements sel forth below are in addition to the types and limits the Architect normally maintains, the Owner shall
pay the Architect as set forth in Section 11.9.
§ 2.5.1 Commercial General Liability with policy limits of not less than One Million (S 1,000,000 ) for each
occurrence and Two Million ($ 2,000,000) in the aggregate for bodily injury and property damage.
§ 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy
limits of not less than One Million (S 1,000,000} per accident for bodily injury, death of any person, and property
damage arising out of the ownership, maintenance and use of those motor vehicles, alon g with any other statutorily
required automobile coverage.
§ 2.5.3 The Architect may achieve the required limits and coverape for Commiercial General Liabili ty and Automobile
Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and
excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under
Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage
than the primary policy. The excess policy shall nat require the exhaustion of the underlying limits only through the
actual payment by the underlying insurers,
§ 2.5.4 Workers’ Compensation at statutory limits.
§ 2.5.5 Employers’ Liability with policy limits not less than One Million (8 1,000,000) each accident, One Million
(S 1,000,000) each employee, and One Million (S 1,000,000) policy limit,
§ 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services
with policy limtts of not less than Three Million ($3,000,000 ) per claim and Three Million ($3,000,000) in the
aggregate,
§ 2.5.7 Additional Insured Obligations. To the tullest extent permitted by iaw, the Architect shall cause the primary and
excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an
additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional
insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to
both ongoing and completed operations.
§ 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the
requirements in this Section 2.5.
AiA Document B101™ - 20147, Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARMING: This
AIA” Document is protected by U.S, Copyright Law and international Treatins. Unauthorized reproduction or Cistribudion of this AIA” Cocunient, or any
portion of it, may result in severe civil anc criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was
produced by AIA software at 11:12:42 ET on 04/02/2019 under Order No.0100024863 which expires on 12/13/2019, and is not for resale.
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