aia a133 exhibit a

A133-2019 is drafted to be used in conjunction with a new Insurance and Bonds Exhibit (Exhibit B) which is a critical part of the agreement, and should be discussed with legal and insurance counsel. These documents will be used where the Project is required to achieve a Sustainable Objective, as specified by the Owner, and will include key provisions applicable to the Owner-Construction Manager Agreement. The provisions for the calculation of progress payments have been clarified and simplified to clearly delineate the basis for each progress payment. These percentages may vary with circumstances and localities. This provision works in conjunction with Section 14.4.3 of AIA Document A201–2017. User Notes: (1481206648) 1 Throughout. The AIA endorses the practice of reducing retainage as rapidly as possible, consistent with the continued protection of all affected parties. Users are encouraged to consult an attorney before completing or modifying a document. Title: for the following PROJECT: Author: The American Institute of Architects Subject: AIA Contract Documents Created Date: 10/31/2014 3:16:49 PM The fill points for the parties to appoint a Designated Representative have been moved to Article 1, Initial Information. This provision works in conjunction with Section 14.4.3 of AIA Document A201–2017. AIA Document A133–2019 Exhibit B is the insurance and bonds exhibit for AIA Document A133–2019. § 11.1.5.3 This new section has been included to clarify that when the Construction Manager allocates costs from a contingency line item on the schedule of values to another line item, the Construction Manager is required to provide supporting documentation to the Architect to justify reallocation of contingency amounts. The default for providing notice in electronic format will be through the use of AIA Document E203–2013, Building Information Modeling and Digital Data Exhibit. The document divides the construction manager’s services into two phases: the preconstruction phase and the construction phase, portions of which may proceed concurrently in order to fast track the process. For more information, see the document footer and the AIA Contract Documents® Terms of Service. 2019 has been reorganized to better conform to the structure of similar AIA documents, including A102-2017, Owner/Contractor Agreement for Cost of the Work Plus a Fee with a Guaranteed Maximum Price. AIA Document A133–2009 is intended for use on projects where a construction manager, in addition to serving as adviser to the owner, assumes financial responsibility for construction of the project. This new fill point has been added to the document to enable the parties to specify other Preconstruction Services, if applicable, by describing them in the fill point or by referencing an attached exhibit. » § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) The Construction Manager provides the Owner with a Guaranteed Maximum Price proposal which the Owner may accept, reject, or choose to negotiate. If there will be a limitation placed on Subcontractors’ overhead and profit, enter the amount or explain how the limitation will be calculated. A fill-point has been added for the parties to identify the termination fee that the Owner will pay to the Construction Manager in the event of a termination for convenience. The date represents the date the Agreement becomes effective. It is also important to note that additional insurance provisions are included in Article 11 of AIA Document A201–2017, including a requirement that insurance and bonds be issued by companies lawfully licensed to issue insurance and bonds, as the case may be, in the jurisdiction where the Project is located. § 7.6.1.2 This new section has been included to allow for the cost of insurance through a captive insurer owned or controlled by the Construction Manager to be included in the Cost of the Work, with the Owner’ prior approval. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. Failure to use AIA Document A133–2019 Exhibit B could result in the parties having little or no insurance coverage to respond to a loss or third party claim related to the Project. Unlike previous editions of AIA Document A133, which included a fill point to list the types and limits of insurance, and AIA Document A201, which listed general contractual terms regarding insurance, insurance terms relating to the type and amount of coverage have been removed from the document and have been placed in the Exhibit B, Insurance and Bonds. § A.1.1.1 Insert a Guaranteed Maximum Price for the Cost of the Work and the Construction Manager’s Fee. 6 § 11.5 Insert other contract provisions here. Document A133™ – 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Init. As stated in Section 2.3 of this document, A201–2017 is adopted only to a limited extent for Preconstruction Phase services; whereas, during Construction Phase services, A201–2017 is generally incorporated into this document, unless specific exceptions are made in this document or by amendment to the Agreement. § 6.1.7 A fill-point titled “other” has been added in which the parties may list a bonus provision or other provision that will allow for adjustment of the Contract Sum. The construction manager provides the owner with a guaranteed maximum price proposal, which the owner may accept, reject, or negotiate. § 6.1.6 A fil-point has been added in which the parties may specify a liquidated damages provision or amount. The AIA does not administer dispute resolution processes. This document is intended for use on construction projects where a Construction Manager, in addition to acting as an advisor to the Owner during the preconstruction phase, also provides construction of the project with a guaranteed maximum price. This section was moved from its previous location as section 3.1.8. AIA Document A133–2019 is coordinated for use with AIA Documents A201®–2017, General Conditions of the Contract for Construction, and B133™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. The document divides the construction manager’s services into two phases: the preconstruction phase and the construction phase, portions of which may proceed concurrently in order to fast track the process. Document A133™ – 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Init. Identify unit prices and state quantity limitations, if any, to which the unit price will be applicable. This new section has been included to allow for the cost of insurance through a captive insurer owned or controlled by the Construction Manager to be included in the Cost of the Work, with the Owner’ prior approval. «See attached Exhibit A.3 - EODs. Unlike previous editions of AIA Document A133, which included a fill point to list the types and limits of insurance, and AIA Document A201, which listed general contractual terms regarding insurance, insurance terms relating to the type and amount of coverage have been removed from the document and have been placed in the Exhibit B, Insurance and Bonds. If the rate of interest on late payments is to be different from the legal rate, insert the agreed-upon rate of interest. This section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, contact the American Arbitration Association at (800) 778-7879 or visit the website at. Modifications. A new provision is included that will allow the parties to describe how notice may be given in electronic format. It was also edited to require the Construction Manager to exercise reasonable care in performing its Preconstruction Services. Though Exhibit B functions as an easier reference to these provisions, it is important to note that additional terms related to insurance are found in Article 11 of AIA Document A201–2017. § 3.1.11.1 This section provides the requirements for the Construction Manager to prepare a subcontracting plan to address any specific Owner requirements, such as those that may be related to a funding source or statutory requirements. The persons executing AIA Document A133–2009 should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) AIA® Document A133™ – 2009 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author …