Instructions: A133-2019

Submitted by krischen@aia.org on Wed, 11/13/2019 - 19:41
Body
{"version":"0.3.0","atoms":[],"cards":[],"markups":[["b"],["a",["href","https:\/\/www.adr.org\/","target","_new"]],["strong"],["i"],["a",["href","http:\/\/www.adr.org"]]],"sections":[[1,"h3",[[0,[0],1,"Purpose"]]],[1,"p",[[0,[],0,"AIA\nDocument A133\u2122\u20132019 is a standard form of agreement between Owner and\nConstruction Manager, and is intended for use on construction management\nprojects where the basis of payment is the Cost of the Work plus a Fee with a\nGuaranteed Maximum Price. This document\nis intended for use on construction projects where a Construction Manager, in\naddition to acting as an advisor to the Owner during the preconstruction phase,\nalso provides construction of the project with a guaranteed maximum price. The\nConstruction Manager provides the Owner with a Guaranteed Maximum Price\nproposal which the Owner may accept, reject, or choose to negotiate. Upon the\nOwner\u2019s acceptance of the proposal by execution of the Guaranteed Maximum Price\nAmendment (Exhibit A), the Construction Manager becomes contractually bound to\nprovide labor and materials for the Project and to complete construction at or\nbelow the guaranteed maximum price The Construction Manager\u2019s services under\nthis document are divided into two phases: the Preconstruction Phase and the\nConstruction Phase, portions of which may proceed concurrently. A133-2019 also\nincludes an Insurance and Bonds Exhibit (Exhibit B), which is a critical part\nof the agreement, and should be discussed with legal and insurance counsel."]]],[1,"p",[[0,[0],1,"Related Documents "]]],[1,"p",[[0,[],0,"AIA\nDocument A133\u20132019 is intended for use in conjunction with the following documents:"]]],[1,"p",[[0,[],0,"AIA Document A201\u2122\u20132017, General Conditions of the\nContract for Construction. NOTE: As stated in Section 2.3 of this document,\nA201\u20132017 is adopted only to a limited extent for Preconstruction Phase\nservices; whereas, during Construction Phase services, A201\u20132017 is generally\nincorporated into this document, unless specific exceptions are made in this\ndocument or by amendment to the Agreement."]]],[1,"p",[[0,[],0,"AIA Document B133\u2122\u20132019, Standard Form of Agreement\nBetween Owner and Architect, Construction Manager as Constructor Edition."]]],[1,"p",[[0,[0],1,"Insurance and Bonds"]]],[1,"p",[[0,[],0,"Unlike previous editions of AIA Document A133, which\nincluded a fill point to list the types and limits of insurance, and AIA\nDocument A201, which listed general contractual terms regarding insurance,\ninsurance terms relating to the type and amount of coverage have been removed\nfrom AIA Document A133\u20132019 and A201\u20132017 and have been included in AIA\nDocument A133\u2122\u20132019, Standard Form of Agreement Between Owner and Construction\nManager where the basis of payment is the Cost of the Work plus a Fee with a\nGuaranteed Maximum Price, Exhibit B, Insurance and Bonds. This insurance and\nbonds exhibit forms an integral part of AIA Document A133\u20132019 and allows the\nparties to establish key insurance terms related to the Project. Failure to use\nAIA Document A133\u20132019 Exhibit B could result in the parties having little or\nno insurance coverage to respond to a loss or third party claim related to the\nProject. The AIA encourages you to discuss AIA Document A133\u20132019 Exhibit B,\nalong with Article 11 of AIA Document A201\u20132017, with your insurance broker and\nlegal counsel so that insurance appropriate to your company and Project can be\nput in place before the start of construction."]]],[1,"p",[[0,[0],1,"Dispute\nResolution\u2014Mediation and Arbitration"]]],[1,"p",[[0,[],0,"Through its adoption by reference of AIA Document A201\u20132017, AIA Document\nA133\u20132019 contains provisions for mediation and arbitration of claims and\ndisputes. Mediation is a non-binding process, but is mandatory under the terms\nof this agreement. Arbitration may be mandatory under the terms of this\nagreement. Arbitration is binding in most states and under the Federal\nArbitration Act. In a minority of states, arbitration provisions relating to\nfuture disputes are not enforceable but the parties may agree to arbitrate\nafter the dispute arises. Even in those states, under certain circumstances\n(for example, in a transaction involving interstate commerce), arbitration\nprovisions may be enforceable under the Federal Arbitration Act."]]],[1,"p",[[0,[],0,"The\nAIA does not administer dispute resolution processes. To submit disputes to\nmediation or arbitration or to obtain copies of the applicable mediation or\narbitration rules, call the American Arbitration Association at (800) 778-7879,\nor visit their Web site at "],[0,[1],1,"www.adr.org"],[0,[],0,"."]]],[1,"h2",[[0,[0],1,"USING A133\u20132019"]]],[1,"p",[[0,[0],1,"Modifications"]]],[1,"p",[[0,[],0,"Particularly with respect to professional or\ncontractor licensing laws, building codes, taxes, monetary and interest\ncharges, arbitration, indemnification, format and font size, AIA Contract\nDocuments may require modification to comply with state or local laws. Users\nare encouraged to consult an attorney before completing or modifying a\ndocument."]]],[1,"p",[[0,[],0,"In a purchased paper AIA Contract Document,\nnecessary modifications may be accomplished by writing or typing the\nappropriate terms in the blank spaces provided on the document, or by attaching\nSupplementary Conditions, special conditions or referenced amendments."]]],[1,"p",[[0,[],0,"Modifications directly to purchased paper AIA\nContract Documents may also be achieved by striking out language. However, care\nmust be taken in making these kinds of deletions. Under NO circumstances should\nstandard language be struck out to render it illegible. For example, users\nshould not apply blocking tape, correction fluid or Xs that would completely\nobscure text. Such practices may raise suspicion of fraudulent concealment, or\nsuggest that the completed and signed document has been tampered with. Both\nparties should initial handwritten changes."]]],[1,"p",[[0,[],0,"Using AIA software, modifications to insert\ninformation and revise the standard AIA text may be made as the software\npermits."]]],[1,"p",[[0,[],0,"By reviewing properly made modifications to a\nstandard AIA Contract Document, parties familiar with that document can quickly\nunderstand the essence of the proposed relationship. Commercial exchanges are\ngreatly simplified and expedited, good faith dealing is encouraged, and otherwise\nlatent clauses are exposed for scrutiny."]]],[1,"p",[[0,[],0,"AIA Contract Documents may not be retyped or\nelectronically scanned. Retyping can introduce typographic errors and cloud\nlegal interpretation given to a standard clause. Furthermore, retyping and\nelectronic scanning are not permitted under the user\u2019s limited license for use\nof the document, constitute the creation of a derivative work and violate the\nAIA\u2019s copyright."]]],[1,"p",[[0,[0],1,"Cover Page"]]],[1,"p",[[0,[0],1,"Date."],[0,[],0," The date represents the\ndate the Agreement becomes effective. It may be the date that an oral agreement\nwas reached, the date the Agreement was originally submitted to the other\nparty, the date authorizing action was taken or the date of actual execution. "]]],[1,"p",[[0,[0],1,"Parties."],[0,[],0," Parties to this\nAgreement should be identified using the full address and legal name under\nwhich the Agreement is to be executed, including a designation of the legal\nstatus of both parties (sole proprietorship, partnership, joint venture, unincorporated\nassociation, limited partnership or corporation [general, limited liability,\nclosed or professional], etc.). Where appropriate, a copy of the resolution\nauthorizing the individual to act on behalf of the firm or entity should be\nattached. Other information may be added, such as telephone numbers and\nelectronic addresses."]]],[1,"p",[[0,[0],1,"Project."],[0,[],0," The proposed Project\nshould be described in sufficient detail to identify (1) the official name or\ntitle of the facility; (2) the location of the site, if known; (3) the proposed\nbuilding usage; and (4) the size, capacity or scope of the Project, if known."]]],[1,"p",[[0,[0],1,"Architect."],[0,[],0," As in the other\nAIA Contract Documents, the Architect\u2019s full legal or corporate title should be\nused."]]],[1,"p",[[0,[0],1,"Article 1 Initial Information"]]],[1,"p",[[0,[0],1,"\u00a7\n1.1 "],[0,[],0,"Initial\nInformation is provided in Section 1.1. The parties should take care to be as\nexplicit and detailed as possible with respect to the relevant Initial\nInformation."]]],[1,"p",[[0,[0],1,"\u00a7 1.1.4"],[0,[],0," The parties must set forth\nthe Owner\u2019s anticipated design and construction milestone dates, as those dates\nare to be incorporated into the Construction Manager\u2019s initial schedule."]]],[1,"p",[[0,[0],1,"\u00a71.1.6 "],[0,[],0,"If the Owner has a\nSustainable Objective for the Project, provide a description in the fill point."]]],[1,"p",[[0,[0],1,"\u00a71.1.8\n"],[0,[],0,"Identify\nthe Owner\u2019s representative and indicate how that person may be contacted."]]],[1,"p",[[0,[0],1,"\u00a7 1.1.10"],[0,[],0," The AIA publishes standard\nform Owner-Consultant Agreements, including C103\u2122\u20132015, Standard Form of\nAgreement Between Owner and Consultant without a Predefined Scope of\nConsultant\u2019s Services, which sets the terms and conditions governing the\nrelationship between the Owner and its Consultant. C103\u20132015 does not include a\nscope of services and must be paired with another document providing a\ndescription of the required services. The AIA publishes several consultant\u2019s\nscope of services documents, including AIA Documents C201\u2122\u20132015, Standard Form\nof Consultant\u2019s Services: Land Survey, C202\u2122\u20132015, Standard Form of\nConsultant\u2019s Services: Geotechnical Engineering, and C203\u2122-2017, Standard Form\nof Consultant\u2019s Services: Commissioning."]]],[1,"p",[[0,[0],1,"\u00a71.1.12\n"],[0,[],0,"Identify\nthe Construction Manager\u2019s representative and indicate how that person may be\ncontacted."]]],[1,"p",[[0,[2],1,"\u00a7 1.1.13"],[0,[],0," Any\nOwner-specific requirements for the"],[0,[0],1," "],[0,[],0,"Construction\nManager\u2019s staffing plan for Preconstruction Services should be provided here. "]]],[1,"p",[[0,[2],1,"\u00a7 1.1.14"],[0,[],0," Owner-specific\nrequirements for subcontractor procurement should be listed here."]]],[1,"p",[[0,[0],1,"Article 2 General Provisions"]]],[1,"p",[[0,[0],0,"\u00a7\n2.2 "],[0,[],1,"Relationship of the Parties"]]],[1,"p",[[0,[],0,"In\na contract using a stipulated sum for the Construction Manager\u2019s compensation,\nthe Owner has agreed to pay a specific amount regardless of the cost incurred\nby the Construction Manager in the performance of the Work. However, when the\nConstruction Manager\u2019s compensation is based on Cost of the Work, as in this\nAgreement, the amount expended by the Construction Manager as a \u201cCost of the\nWork\u201d has a direct economic consequence to the Owner. Therefore, the Owner has\na heightened interest in the efficient and economical performance by the\nConstruction Manager, and the Construction Manager has a consequent\nresponsibility to manage expenditures on the Project in keeping with the\nOwner\u2019s interests. This provision addresses those particular interests of the\nOwner in a cost plus contract, and the corollary obligations of the Construction\nManager."]]],[1,"p",[[0,[0],1,"Article 3 Construction Manager\u2019s Responsibilities"]]],[1,"p",[[0,[0],1,"\u00a7\n3.1.14 Other Preconstruction Services "],[0,[],0,"Insert a description of any other\nPreconstruction Services to be provided by the Construction Manager, such as\nproviding cash flow projections, development of a project information\nmanagement system, early selection or procurement of subcontractors, etc.,"],[0,[3],1," "],[0,[],0,"or reference an attached exhibit that\nprovides a description."]]],[1,"p",[[0,[0],1,"Article 5 Compensation and Payments for\nPreconstruction Phase Services"]]],[1,"p",[[0,[0],1,"\u00a7 5.1.1 "],[0,[],0,"Sample language is provided below for describing three methods of\ncomputing compensation."]]],[1,"p",[[0,[],0,"Stipulated\nSum:"]]],[1,"p",[[0,[],0,"Compensation\nshall be the stipulated sum of ________ ($__), plus the following reimbursable\ncost items:"]]],[1,"p",[[0,[],0,"Multiple\nof Direct Personnel Expense:"]]],[1,"p",[[0,[],0,"Compensation\nshall be based on a multiple of ________ (__) times Direct Personnel Expense of\nConstruction Manager\u2019s personnel, plus the following reimbursable cost items:"]]],[1,"p",[[0,[],0,"Actual\nCost:"]]],[1,"p",[[0,[],0,"Compensation\nshall be based on actual costs incurred in the performance of the\nPreconstruction Phase services. (A maximum cost may be established.)"]]],[1,"p",[[0,[0],1,"\u00a7 5.1.3 "],[0,[],0,"Insert the number of months beyond which the Construction Manager\u2019s\nPreconstruction Phase compensation shall be adjusted."]]],[1,"p",[[0,[0],1,"\u00a7 5.2.2 "],[0,[],0,"Insert the number of days within which payment is\ndue after the receipt of the Construction Manager\u2019s invoice by the Owner. If\nthe rate of interest on late payments is to be different from the legal rate,\ninsert the agreed upon rate of interest."]]],[1,"p",[[0,[0],1,"Article 6 Compensation for Construction Phase Services"]]],[1,"p",[[0,[0],1,"\u00a7 6.1.2 "],[0,[],0,"Enter the method used\nfor determining the Construction Manager\u2019s Fee (lump sum, percentage of Cost of\nthe Work or other method). "]]],[1,"p",[[0,[0],1,"\u00a7 6.1.3 "],[0,[],0,"Explain how the\nConstruction Manager\u2019s Fee will be adjusted for changes in the Work."]]],[1,"p",[[0,[0],1,"\u00a7 6.1.4 "],[0,[],0,"If there will be a limitation\nplaced on Subcontractors\u2019 overhead and profit, enter the amount or explain how\nthe limitation will be calculated."]]],[1,"p",[[0,[0],1,"\u00a7 6.1.5 "],[0,[],0,"Enter the percentage cap\nthat will be used to determine the rental rates for Construction Manager-owned\nequipment."]]],[1,"p",[[0,[0],1,"\u00a7\n6.1.6 "],[0,[],0,"Insert\nthe amount and any conditions for liquidated damages relating to failure to\nachieve Substantial Completion of the Work, or designated portion of the Work,\non time. Liquidated damages are not a penalty to be inflicted on the\nConstruction Manager, but must bear an actual and reasonably estimable\nrelationship to the Owner\u2019s loss if construction is not completed on time. If a\nprovision for liquidated damages is included, it should be carefully drafted by\nthe Owner\u2019s attorney and acceptable to the Construction Manager\u2019s attorney. For\nfurther information on liquidated damages see AIA Document A503, Guide for\nSupplementary Conditions."]]],[1,"p",[[0,[0],1,"\u00a7\n6.1.7"],[0,[],0," Insert terms and conditions for any bonuses or\nother incentives that might result in a change to the Contract Sum. This space\nmay also be used to insert specific provisions if the Construction Manager is to\nparticipate in any savings when the final Contract Sum is below the Guaranteed\nMaximum Price. For further information\non bonus, incentive and savings provisions, see AIA Document A503, Guide for\nSupplementary Conditions."]]],[1,"p",[[0,[0],1,"Article 7 Cost of the Work for Construction Phase"]]],[1,"p",[[0,[0],1,"\u00a7 7.2.2.1 "],[0,[],0,"Identify supervisory and\nadministrative personnel that will perform Work related to the Project at a\nlocation other than the Project site. Also identify the type of activity the\npersonnel will perform and what percentage of their time will be required for the\nWork."]]],[1,"p",[[0,[0],1,"Article 11 Payments for Construction Phase Services"]]],[1,"p",[[0,[0],1,"\u00a7 11.1.2"],[0,[],0," Insert the time period\ncovered by each Application for Payment if it differs from the one given."]]],[1,"p",[[0,[0],1,"\u00a7 11.1.3"],[0,[],0," Insert the time\nschedule for presenting Applications for Payment, and indicate due dates for\nmaking progress payments."]]],[1,"p",[[0,[],0,"The\nlast day upon which Work may be included in an Application should normally be\nno less than 14 days prior to the payment date, in consideration of the 7 days\nrequired for the Architect\u2019s evaluation of an Application and issuance of a\nCertificate for Payment and the time subsequently accorded the Owner to make\nPayment in Article 9 of A201\u20132017. The Construction Manager may prefer a few\nadditional days to prepare the Application."]]],[1,"p",[[0,[],0,"Due\ndates for payment should be acceptable to both the Owner and Construction\nManager. They should allow sufficient time for the Construction Manager to\nprepare an Application for Payment, for the Architect to certify payment, and\nfor the Owner to make payment. They should also be in accordance with time\nlimits established by this Article and Article 9 of A201\u20132017."]]],[1,"p",[[0,[0],1,"\u00a7 11.1.8.1"],[0,[],0," Indicate the percent\nretainage, if any, to be withheld when computing the amount of each progress\npayment."]]],[1,"p",[[0,[],0,"The\nOwner frequently pays the Construction Manager the bulk of the earned sum when\npayments fall due, retaining a percentage to ensure faithful performance. These\npercentages may vary with circumstances and localities."]]],[1,"p",[[0,[0],1,"\u00a7\n11.1.8.1.1 "],[0,[],0,"Certain items included in the Contract Sum may be\nexcluded from the calculation of retainage. Where there are any limitations or exclusions\nfrom retainage, list those items."]]],[1,"p",[[0,[0],1,"\u00a7\n11.1.8.2 "],[0,[],0,"The AIA endorses the practice of reducing retainage\nas rapidly as possible, consistent with the continued protection of all\naffected parties. A provision for reducing retainage should provide that the\nreduction will be made only if the Architect judges that the Work is\nprogressing satisfactorily. If the Construction Manager has furnished a bond,\ndemonstration of the surety\u2019s consent to reduction in or partial release of\nretainage must be provided before such reduction is put into effect. Use of AIA\nDocument G707A\u2122 is recommended. Insert terms for reduction or limitation of\nretainage."]]],[1,"p",[[0,[0],1,"\u00a7\n11.1.8.3 "],[0,[],0,"Often, the majority of retainage is released upon\nSubstantial Completion of the Work. However, the Owner may continue to retain\nsome portion of retainage to cover the remaining Work to be completed. Insert\nany conditions for release of retainage upon Substantial Completion. Where\nbonds have been provided by the Construction Manager, consent of surety should\nbe obtained as outlined in Section 11.1.8.2 above."]]],[1,"p",[[0,[0],1,"\u00a7 11.2.3"],[0,[],0," Insert the date by\nwhich Owner shall make final payment, if it differs from the one stated."]]],[1,"p",[[0,[],0,"When\nfinal payment is requested, the Architect should ascertain that all claims have\nbeen settled or should define those which remain unsettled. The Architect\nshould obtain the Construction Manager\u2019s certification required by Article 9 of\nA201\u20132017 and must determine that, to the best of the Architect\u2019s knowledge and\nbelief and according to the Architect\u2019s final inspection, the requirements of\nthe Contract have been fulfilled."]]],[1,"p",[[0,[0],1,"\u00a7 11.3"],[0,[],0," Payments due and unpaid\nunder the Contract bear interest from the date payment is due at the legal rate\nprevailing from time to time at the place where the Project is located. If a\ndifferent interest rate is to be paid, insert the amount here."]]],[1,"h3",[[0,[],0,"Article 12 \nDispute Resolution"]]],[1,"p",[[0,[0],1,"\u00a7 12.1.2"],[0,[],0," In this section, the Owner and Construction\nManager may identify an Initial Decision Maker to render initial decisions on\nclaims arising from or relating to the Construction Manager\u2019s Construction\nPhase services. If the parties do not identify an Initial Decision Maker, then\nthe Architect will provide initial decisions. For claims arising from or\nrelating to the Construction Manager\u2019s Preconstruction Phase services, no\ndecision by the Initial Decision Maker shall be required as a condition\nprecedent to mediation and binding dispute resolution."]]],[1,"p",[[0,[0],1,"\u00a712.2"],[0,[],0," Select from three choices\nof binding dispute resolution: (1) arbitration, (2) litigation or (3) another\nmethod that the parties must identify. Other types of dispute resolution include\na dispute resolution board or a mini-trial. For additional information about\nother methods of dispute resolution, refer to "],[0,[3],1,"The Construction Industry\u2019s Guide to Dispute Avoidance and Resolution, "],[0,[],0,"free\nonline at "],[0,[4],1,"www.adr.org"],[0,[],0,"."]]],[1,"p",[[0,[0],1,"Article 13 Termination or Suspension"]]],[1,"p",[[0,[0],1,"\u00a713.2"],[0,[],0," "],[0,[0],1,"Termination or Suspension Following Execution of the Guaranteed Maximum\nPrice Amendment "],[0,[],0,"Terminations after execution of the Guaranteed Maximum\nPrice Amendment under AIA Document A133\u20132019 are treated similarly to\nterminations under a stipulated sum agreement and so follow the provisions of\nAIA Document A201\u20132017, except that Section 13.2 provides detailed instructions\nfor calculating the amount due to the Construction Manager in the event the\nOwner terminates the contract for cause and the unpaid balance on the\nGuaranteed Maximum Price exceeds the cost of finishing the Work. Note that in\nin the case where the Owner terminates the Construction Manager for cause, the\namount of the Construction Manager\u2019s fee is calculated on a pro-rata basis. If\nthe Construction Manager terminates for cause, or the Owner terminates for\nconvenience, AIA Document A201\u20132017 provisions govern. A133 Section 13.2.2.2\nprovides (1) for the Owner to pay the Construction Manager fair compensation\nfor any Construction Manager-owned equipment that the Owner chooses to use in\ncompleting the Work that is not included in the Cost of the Work, and (2) for\nthe Construction Manager to facilitate assignment of subcontracts and other\ncontracts to the Owner, should the Owner elect to assume the rights and\nresponsibilities associated with those contracts."]]],[1,"p",[[0,[0],1,"\u00a7 13.2.3"],[0,[],0," AIA Document A201\u20132017,\nSection 14.4.3, requires payment of a termination fee to the Construction\nManager in the event that the Owner terminates the Construction Manager for\nconvenience. Insert here, the amount of the termination fee or the method for\ncalculating the termination fee. For example, the Owner and Construction\nManager may agree to progressively increase the termination fee up to fifty\npercent completion and then agree to progressively reduce the Construction\nManager\u2019s termination fee until final completion. The parties may also agree to\nbegin with a large termination fee that is progressively reduced as the project\nprogresses."]]],[1,"h3",[[0,[],0,"Article 14 Miscellaneous Provisions"]]],[1,"h3",[[0,[],0,"\u00a7 14.3.1 Preconstruction Phase\nInsurance and Bonds Insert the policy limits for the types of coverages the\nConstruction Manager will be required to maintain for the duration of its Preconstruction\nPhase Services."]]],[1,"p",[[0,[0],1,"\u00a7\n14.4 "],[0,[],0,"Section 1.6 of AIA Document A201\u20132017 allows the\nOwner and the Construction Manager to\nprovide notice in electronic format. It is recommended that the parties use AIA\nDocument E203\u2122\u20132013, Building Information Modeling and Digital Data Exhibit, to\nestablish the protocols for electronic communication. If E203\u20132013 is not used,\ninsert the requirements for delivering notice in electronic form such as the\nname, title, and email address of the recipient and whether the system will be\nrequired to generate a read receipt (recommended). While notice in electronic\nform may be provided as set forth in this provision, other protocols for the\nuse or transmission of digital data and BIM are established through the use of\nE203-2013, pursuant to A201-2017 section 1.7."]]],[1,"p",[[0,[0],1,"\u00a7 14.5 "],[0,[],0,"Insert other contract\nprovisions here."]]],[1,"h3",[[0,[],0,"Article 15 Scope of the Agreement"]]],[1,"p",[[0,[],0,"A detailed\nenumeration of all Contract Documents must be made in this article. Where optional documents are\nlisted in Section 15.2.6 that will be incorporated as Contract Documents, check\nthe appropriate box and insert an appropriate description of the document. List additional documents in Section 15.2.7 that are\nintended to form part of the Contract Documents."]]],[1,"p",[[0,[0],1,"EXHIBIT A \nGUARANTEED MAXIMUM PRICE AMENDMENT"]]],[1,"p",[[0,[],0,"This\nAmendment will typically be completed by the Construction Manager in accordance\nwith Section 3.2, prior to the conclusion of the Preconstruction Phase."]]],[1,"p",[[0,[0],1,"Cover Page "],[0,[],0,"The date of the\nGuaranteed Maximum Price Amendment and the date of the accompanying A133-2019\nshould be inserted separately into the fill points provided. The date\nrepresents the date the Agreement becomes effective. It may be the date that an\noral agreement was reached, the date the Agreement was originally submitted to\nthe other party, the date authorizing action was taken, or the date of actual\nexecution."]]],[1,"p",[[0,[0],1,"Article A.1 Guaranteed Maximum Price"]]],[1,"p",[[0,[0],1,"\u00a7\nA.1.1.1 "],[0,[],0,"Insert\na Guaranteed Maximum Price for the Cost of the Work and the Construction\nManager Construction Manager\u2019s Fee."]]],[1,"p",[[0,[0],1,"\u00a7 A.1.1.2"],[0,[],0," Insert an itemized statement of the Guaranteed Maximum Price organized\nas instructed or reference an attachment with such information."]]],[1,"p",[[0,[0],1,"\u00a7 A.1.1.5"],[0,[],0," In order to clarify the\nhandling of alternates on a Project, this provision has been modified to\nclearly identify alternates that are included in the Guaranteed Maximum Price\nand those alternates that may be accepted after a condition precedent has been\nmet. This clarifies information previously included in a parenthetical\ninstruction."]]],[1,"p",[[0,[0],1,"\u00a7\nA.1.1.5.1 "],[0,[],0,"Identify\nany alternates described in the Contract Documents and accepted by the Owner as\nincluded in the Guaranteed Maximum Price."]]],[1,"p",[[0,[0],1,"\u00a7 A.1.1.5.2 "],[0,[],0,"List other alternates which\nmay be accepted subsequent to this document\u2019s execution, including the price of\neach alternate and the conditions for acceptance."]]],[1,"p",[[0,[0],1,"\u00a7\nA.1.1.6 "],[0,[],0,"Identify the item and state the unit price and quantity\nlimitations, if any, to which the unit price will be applicable."]]],[1,"p",[[0,[0],1,"Article\nA.2 Date of Commencement and\nSubstantial Completion"]]],[1,"p",[[0,[0],1,"\u00a7 A.2.1"],[0,[],0," The format for the date of\ncommencement of the work has been changed to a check box allowing the parties\nto select either the date of execution of the Amendment, or a different date as\nagreed by the parties. The date of commencement of the Work should be identified\nby checking the appropriate box. It is important to note that if a selection is\nnot made, the default will be the date of the Agreement."]]],[1,"p",[[0,[0],1,"\u00a7 A.2.3.1"],[0,[],0," A check box has been added\nso that the parties can select whether Substantial Completion of the entire\nWork will be achieved no later than a specified calendar date or within a\ncertain number of days from the date of commencement."],[0,[0],1," "],[0,[],0,"Select the\nappropriate box and insert the date or number of days as appropriate."]]],[1,"p",[[0,[0],1,"\u00a7 A.2.3.2"],[0,[],0," This section has been added\nto allow for Substantial Completion of certain phases of the Project to be\ncompleted prior to the Substantial Completion date for the entire Work set\nforth in Section A.2.3.1 (tiered Substantial Completion dates). This can be\nused when portions of the Work will be completed and occupied by the Owner\nprior to Substantial Completion of the entire Work. Where portions of the Work\nmay be occupied and used prior to Substantial Completion of the entire Work,\neach portion of the Work can be described in this section and the Substantial\nCompletion date for each portion of the Work may be indicated."]]],[1,"p",[[0,[0],1,"\u00a7A.2.3.3"],[0,[],0," Because liquidated damages\nare a function of the Construction Manager\u2019s failure to achieve Substantial\nCompletion within the Contract Time, this section has been added to\ncross-reference the fill point for Liquidated Damages in Section 6.1.6 of the\nAgreement (relating to adjustments in the Contract Sum)."]]],[1,"p",[[0,[0],1,"Article\nA.3 Information Upon Which Amendment is Based"]]],[1,"p",[[0,[0],1,"\u00a7 A.3.1.5 "],[0,[],0,"Identify and state the\namounts of any allowances."]]],[1,"p",[[0,[0],1,"\u00a7 A.3.1.6 "],[0,[],0,"State any assumptions and\nclarifications upon which the Guaranteed Maximum Price is based."]]],[1,"p",[[0,[0],1,"EXHIBIT B INSURANCE AND BONDS"]]],[1,"p",[[0,[],0,"AIA\nDocument A133\u20132019 Exhibit B is the insurance and bonds exhibit for AIA\nDocument A133\u20132019. AIA Document A133\u20132019 Exhibit B provides the general\nrequirements relating to insurance and bonds after execution of the Guaranteed\nMaximum Price Amendment, as well as the specific policy limits and bond amounts\nfor the Project. Insurance requirements under the exhibit are separated into\nthose coverages that would typically be provided by the Owner and Construction\nManager on all projects (required coverages) and other (optional) coverages\nthat may be selected by the parties based on their specific needs and the needs\nof the Project."]]],[1,"p",[[0,[],0,"A133\nExhibit B, as a stand-alone document, can be readily discussed with your\ninsurance advisors and legal counsel. Additionally, Exhibit B provides an easy\nreference for the insurance and bonding requirements related to your Project.\nHowever, it is important to note that additional terms related to insurance are\nfound in Article 11 of AIA Document A201\u20132017. Users are strongly encouraged to\nreview their insurance needs with legal and insurance counsel to determine the\nappropriate insurance requirements for their particular project. When\nforwarding AIA Document A133\u20132019 Exhibit B to your insurance broker or legal\ncounsel, be sure to include, at a minimum, Article 11 of AIA Document A201\u20132017\nas these terms will be important to reviewing Exhibit B and advising you of\nappropriate coverage."]]],[1,"p",[[0,[0],1,"Date. "],[0,[],0,"Identify the date of the\nAgreement to which AIA Document A133\u20132019 Exhibit B is attached just as it\nappears on the cover page of the Agreement."]]],[1,"p",[[0,[0],1,"Project and Parties (Cover\nPage)."],[0,[],0,"\nIdentify the Project and the parties just as they appear on the cover page of\nthe Agreement."]]],[1,"p",[[0,[0],1,"Article B.2 Owner\u2019s Insurance"]]],[1,"p",[[0,[0],1,"\u00a7 B.2.3.1.1 "],[0,[],0,"Insert the cause of loss and\nany applicable sub-limits."]]],[1,"p",[[0,[0],1,"\u00a7 B.2.3.1.2 "],[0,[],0,"Insert the type of coverage\nand any applicable sub-limits."]]],[1,"p",[[0,[0],1,"\u00a7 B.2.4 "],[0,[],0,"Section B.2.4 allows the\nOwner to select extended property insurance coverage that will be purchased and\napplicable to the Project. For each of the extended property insurance\ncoverages applicable to the Project, check the appropriate box and indicate any\nlimits of coverage or any other applicable conditions in the space below the\nselected coverage."]]],[1,"p",[[0,[0],1,"\u00a7 B.2.5"],[0,[],0," Section B.2.5 allows the\nOwner to select whether it will provide cyber security insurance or any other\ntypes of coverage for the Project. If cyber security insurance will be\nprovided, check the box for Section B.2.5.1 and indicate any applicable limits\nof coverage or other conditions in the space provided. Where other insurance\ncoverage will be provided by the Owner, check the box for Section B.2.5.2 and\nindicate the type of coverage and any applicable limits."]]],[1,"p",[[0,[0],1,"Article B.3 Construction Manager\u2019s Insurance and Bonds"]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.1 "],[0,[],0,"Where the Construction\nManager is required to maintain required insurance for a duration other than\nthe period for correction of the Work, indicate the duration of required coverages\nin the fill point provided."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.2.1 "],[0,[],0,"Indicate the applicable\ncoverage limits for the Construction Manager\u2019s commercial general liability\ncoverage."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.3 "],[0,[],0,"Indicate the applicable\ncoverage limits for the Construction Manager\u2019s automobile liability coverage."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.4 "],[0,[],0,"Some insurers have written\nexcess policies which expressly state that they apply only in the event the\nunderlying policies are exhausted through payments made by the underlying\ninsurers (sometimes referred to as \u0022actual exhaustion\u0022). Polices that\ndo not expressly require actual exhaustion are interpreted to permit exhaustion\nof the underlying policies through payments or contributions made by any\ncombination of underlying insurers, insureds or third parties (sometimes\nreferred to \u0022functional exhaustion\u0022.) Policies that only permit actual\nexhaustion are counterproductive to settlement whereas policies that permit\nfunctional exhaustion encourage settlement. The intent of this section is\nto facilitate settlement by requiring that any excess policies allow for\nfunctional exhaustion."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.6 "],[0,[],0,"Indicate the applicable\ncoverage limits for the Construction Manager\u2019s employer\u2019s liability coverage."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.8 "],[0,[],0,"Indicate the applicable\ncoverage limits for the Construction Manager\u2019s professional liability coverage,\nif applicable."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.9 "],[0,[],0,"Indicate the applicable\ncoverage limits for the Construction Manager\u2019s pollution liability coverage, if\napplicable."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.10 "],[0,[],0,"Where the Construction\nManager will provide professional liability and pollution liability coverage\nunder a combined policy, indicate the applicable coverage limits."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.11"],[0,[],0," Indicate the applicable\ncoverage limits for Construction Manager\u2019s insurance for maritime liability\nrisks associated with operation of a vessel, if the Work requires such\nactivities."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.2.12"],[0,[],0," Indicate the applicable\ncoverage limits for Construction Manager\u2019s insurance for use or operation of\nmanned or unmanned aircraft, if the Work requires such activities."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.3.1 "],[0,[],0,"Where the Construction\nManager is required to maintain required insurance for a duration other than\nthe period for correction of the Work, indicate the duration of required coverages\nin the fill point provided."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.3.2"],[0,[],0," Section B.3.3.2 allows the\nConstruction Manager to select whether it will provide other insurance coverage\nin addition to that required under Section B.3.2. If other insurance will be\nprovided, check the appropriate box for each selected coverage under Section B.3.3.2,\nand indicate any applicable limits of coverage or other conditions in the space\nprovided."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.3.2.1"],[0,[],0," Section B.3.3.2.1 requires\nthe Construction Manager, instead of the Owner, to provide builder\u2019s risk\ninsurance, of the same type and scope satisfying the requirements identified in\nSection B.2.3. Where this requirement has been selected, the Owner is relieved\nof the obligation to provide builder\u2019s risk insurance except for those\ncoverages required by Section B.2.3.1.3 and B.2.3.3. Where the Construction\nManager\u2019s obligation to provide builder\u2019s risk insurance differs from Section B.2.3,\nthe differences should be described in the fill point following B.3.3.2.1.\nAdditionally, Article 11 of AIA Document A201\u00ad\u20132017 requires that the Owner\nadjust and settle losses under the builder\u2019s risk insurance. If a party other\nthan the Owner assumes this responsibility, that information should also be\nprovided in the fill point."]]],[1,"p",[[0,[0],1,"\u00a7 B.3.4 "],[0,[],0,"Where the Construction\nManager is required to provide payment and performance bonds, indicate the\npenal sum of each bond in the space provided."]]],[1,"p",[[0,[0],1,"Article B.4 Special Terms and Conditions"]]],[1,"p",[[0,[],0,"Indicate\nany special terms and conditions that modify the insurance and bonds exhibit in\nthe space provided."]]],[1,"p",[[0,[0],1,"EXECUTING\nTHE AGREEMENT"]]],[1,"p",[[0,[],0,"The\npersons executing AIA Document A133\u20132019 should indicate the capacity in which\nthey are acting (i.e., president, secretary, partner, etc.) and the authority\nunder which they are executing the Agreement. Where appropriate, a copy of the\nresolution authorizing the individual to act on behalf of the firm or entity\nshould be attached."]]],[1,"p",[[0,[0],1,"Executing the Amendment."],[0,[],0," This Amendment should\nbe executed by the same parties who signed the original Agreement, or their\ndesignated successors. Any formalities to indicate the authority of the\nsignatories which were done for the original Agreement should also be carried\nout for this Amendment."]]],[1,"p",[[0,[],0,"ISO\u00ae is a registered\ntrademark and Insurance Services Office\u2122 and the titles of the ISO proprietary\ninsurance forms identified herein are trademarks of Insurance Services Office,\nInc. (\u201cISO\u201d). Information which is copyrighted by and proprietary to Insurance\nServices Office, Inc. or its affiliates (\u0022ISO Material\u0022) is included\nand referenced in this publication. Use of the ISO Material is limited to ISO\nParticipating Insurers and their Authorized Representatives and other licensees,\nin each case as licensed by ISO. Use by ISO Participating Insurers is limited\nto use in those jurisdictions for which the insurer has an appropriate\nparticipation with ISO. Use of the ISO Material by Authorized Representatives\nis limited to use solely on behalf of one or more ISO Participating Insurers,\nas licensed by ISO."]]]]}
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Instructions for AIA Document A133-2019, 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
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Instructions: A133-2019