Instructions: B133-2019

Submitted by krischen@aia.org on Wed, 11/13/2019 - 21:52
Body
{"version":"0.3.0","atoms":[],"cards":[],"markups":[["b"],["a",["href","http:\/\/www.adr.org\/"]],["i"]],"sections":[[1,"h3",[[0,[0],1,"Purpose"]]],[1,"p",[[0,[],0,"AIA Document B133\u2122\u20132019 is a\nstandard form of agreement between Owner and Architect intended for use on\nprojects where an Owner employs a Construction Manager to act as an adviser\nduring the preconstruction phase. At a time to be mutually agreed upon by the\nOwner and the Construction Manager, and in consultation with the Architect, the\nConstruction Manager prepares a Guaranteed Maximum Price proposal or Control\nEstimate, as applicable, for the Owner\u2019s review and acceptance. Thereafter, the\nConstruction Manager constructs the Project on a Cost of the Work Plus a Fee\nbasis, either with or without a Guaranteed Maximum Price, and the Architect\nprovides contract administration services during the construction phase. "]]],[1,"p",[[0,[],0,"In\nB133\u20132019, the Architect does not prepare cost estimates, but agrees to design\nthe Project to meet the Owner\u2019s budget for the Cost of the Work at the\nconclusion of the Design Development Phase Services. B133\u20132019 assumes that the\nConstruction Manager will provide cost estimates and schedules for the Project."]]],[1,"h3",[[0,[0],1,"Related Documents"]]],[1,"p",[[0,[],0,"B133\u20132019\nis intended to be used with AIA Document A201\u2122\u20132017, General Conditions of the\nContract for Construction, which it incorporates by reference, and either A133\u20132019,\nStandard Form of Agreement Between Owner and Construction Manager as Constructor\nwhere the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed\nMaximum Price or A134\u20132019, Standard Form of Agreement Between Owner and\nConstruction Manager as Constructor where the basis of payment is the Cost of\nthe Work Plus a Fee without a Guaranteed Maximum Price. "]]],[1,"p",[[0,[],0,"Before transmitting Instruments of Service or other\ninformation in digital form, parties should establish protocols for that\ntransmission and may use AIA Document E203\u2122\u20132013 for that purpose. If the Owner intends to pursue a Sustainable Objective,\nthe parties should identify the Sustainable Objective in B133 and use AIA\nDocument E234\u2122\u20132019, Sustainable Projects Exhibit, Construction Manager as\nConstructor Edition, to establish the process for creating\na Sustainability Plan that will define the parties\u2019\nresponsibilities for pursuing the Sustainable Objective. Additionally, the AIA publishes AIA Document\nB503\u2122, Guide for Amendments to AIA Owner-Architect Agreements, which discusses\na number of topics common to Owner-Architect relationships and provides model\nlanguage."]]],[1,"h3",[[0,[0],1,"Dispute\nResolution\u2014Mediation and Arbitration"]]],[1,"p",[[0,[],0,"This document contains provisions for mediation and\narbitration of claims and disputes. Mediation is a non-binding process, but is\nmandatory under the terms of this agreement. Arbitration may be mandatory under\nthe terms of this agreement. Arbitration is binding in most states and under\nthe Federal Arbitration Act. In a minority of states, arbitration provisions\nrelating to future disputes are not enforceable but the parties may agree to\narbitrate after the dispute arises. Even in those states, under certain\ncircumstances (for example, in a transaction involving interstate commerce),\narbitration provisions may be enforceable under the Federal Arbitration Act."]]],[1,"p",[[0,[],0,"The AIA does not administer dispute resolution\nprocesses. To submit disputes to mediation or arbitration or to obtain copies\nof the applicable mediation or arbitration rules, call the American Arbitration\nAssociation at (800) 778-7879, or visit their website at "],[0,[1],1,"www.adr.org"],[0,[],0,"."]]],[1,"h2",[[0,[0],1,"USING B133\u20132019"]]],[1,"p",[[0,[0],1,"Modifications"]]],[1,"p",[[0,[],0,"Particularly\nwith respect to professional or contractor licensing laws, building codes,\ntaxes, monetary and interest charges, arbitration, indemnification, format and\nfont size, AIA Contract Documents may require modification to comply with state\nor local laws. Users are encouraged to consult an attorney before completing or\nmodifying a document."]]],[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\notherwise latent 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 date the Agreement becomes\neffective. It may be the date that an oral agreement was reached, the date the\nAgreement was originally submitted to the other party, the date authorizing\naction was taken or the date of actual execution. Professional services should\nnot be performed prior to the effective date of the Agreement. "]]],[1,"p",[[0,[0],1,"Parties."],[0,[],0," Parties to this Agreement should be identified\nusing the full legal name under which the Agreement is to be executed,\nincluding a designation of the legal status of both parties (sole\nproprietorship, partnership, joint venture, unincorporated association, limited\npartnership or corporation [general, limited liability, closed or\nprofessional], etc.). Where appropriate, a copy of the resolution authorizing\nthe individual to act on behalf of the firm or entity should be attached."]]],[1,"p",[[0,[0],1,"Project."],[0,[],0," The proposed Project should be described in\nsufficient detail to identify (1) the official name or title of the facility,\n(2) the location of the site, if known, (3) the proposed building usage, and\n(4) the size, capacity or scope of the Project, if known."]]],[1,"p",[[0,[0],1,"Article 1 Initial Information"]]],[1,"p",[[0,[0],1,"\u00a7 1.1 "],[0,[],0,"Initial Information is\nprovided in Section 1.1. The parties should take care to be as explicit and\ndetailed as possible with respect to the relevant Initial Information."]]],[1,"p",[[0,[0],1,"\u00a7 1.1.4"],[0,[],0," The parties must set forth\nthe Owner\u2019s anticipated design and construction schedule, including design\nphase milestone dates, as those dates are to be incorporated into the\nArchitect\u2019s initial schedule for the Architect\u2019s services. "]]],[1,"p",[[0,[0],1,"\u00a7 1.1.5"],[0,[],0," Check one box to indicate\nwhether the Owner will employ a Construction Manager pursuant to A133\u20132019,\nStandard Form of Agreement Between Owner and Construction Manager as\nConstructor where the basis of payment is the Cost of the Work Plus a Fee with\na Guaranteed Maximum Price or A134\u20132019, Standard Form of Agreement Between\nOwner and Construction Manager as Constructor where the basis of payment is the\nCost of the Work Plus a Fee without a Guaranteed Maximum Price. "]]],[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 consultant\u2019s scope of\nservices documents, including AIA Documents C201\u2122\u20132015, Standard Form of\nConsultant\u2019s Services: Land Survey and C202\u2122\u20132015, Standard Form of\nConsultant\u2019s Services: Geotechnical Engineering."]]],[1,"p",[[0,[0],1,"Article 3 Scope of Architect\u2019s Basic Services"]]],[1,"p",[[0,[0],1,"\u00a7 3.2"],[0,[],0," This section contains the\nArchitect\u2019s services that correspond to the Construction Manager\u2019s\npresentation, and the Owner\u2019s acceptance, of the Guaranteed Maximum Price\nproposal or Control Estimate. The inclusion of this Section 3.2 before\nSchematic Design Phase Services does not imply a chronological sequence of the\nArchitect\u2019s services. As contemplated in A133\u20132019, A134\u20132019, and Section\n3.2.2 of this Agreement, the Owner may receive a Guaranteed Maximum Price\nproposal or Control Estimate, as applicable, during any of the design phases. "]]],[1,"p",[[0,[0],1,"\u00a7 3.6.1.2"],[0,[],0," The Architect\u2019s\nresponsibility to provide Construction Phase Services corresponds to\ncommencement of the Construction Phase as defined in A133\u20132019 and A134\u20132019,\nwhich may be, as applicable, the Owner\u2019s acceptance of the Construction\nManager\u2019s Guaranteed Maximum Price proposal, the Owner\u2019s approval of the\nControl Estimate, or by a written\nagreement between the Owner and Construction Manager which sets forth a\ndescription of the Work to be performed by the Construction Manager prior to\nsuch acceptance or approval. The Architect may be required to provide Construction Phases Services\nwhile simultaneously completing one or more of the design phases. "]]],[1,"p",[[0,[0],1,"Article 4 Supplemental and Additional Services"]]],[1,"p",[[0,[0],1,"\u00a7 4.1.1"],[0,[],0," The parties should complete\nthe table contained at Section 4.1.1 prior to executing the Agreement. For each\nSupplemental Service listed, the parties should indicate the party responsible\nfor providing the service in the appropriate column. The AIA publishes standard\nform scopes of services documents for a number of the Supplemental Services listed in Section 4.1.1, which\ncan be used to describe the Architect\u2019s responsibilities for the identified Supplemental\nService. The Architect is not responsible for any listed Supplemental Service\nunless specifically so designated in the Responsibility column of the table."]]],[1,"p",[[0,[0],1,"\u00a7 4.1.1.15. "],[0,[],0,"Conformed documents for\nconstruction (commonly identified as \u201cIssued For Construction\u201d documents) are\nthe Construction Documents modified to include any addenda issued during the\nbidding or negotiation process and accepted alternates."]]],[1,"p",[[0,[0],1,"\u00a7 4.1.1.16. "],[0,[],0,"As-designed record drawings\nare the record of everything the Architect designed for the Project, and\ninclude the original Construction Documents plus all addenda, Architect\u2019s\nSupplemental Instructions, Change Orders, Construction Change Directives and\nminor changes in the work."]]],[1,"p",[[0,[0],1,"\u00a7 4.1.1.17. "],[0,[],0,"As-constructed record drawings\n(commonly called \u201cAs-builts\u201d) are the record of the Project as constructed\nbased on information the Construction Manager provides to the Owner under the\ncontract for construction. Because the As-constructed Record Drawings will be\nbased on the Construction Manager\u2019s mark-ups, the Architect is not responsible\nfor the accuracy or completeness of the As-constructed Record Drawings."]]],[1,"p",[[0,[0],0,"\u00a7 4."],[0,[],1,"1.2.1"],[0,[],0,"\nThis Section provides space for the parties to provide a detailed description\nof the Architect\u2019s Supplemental Services identified in Section 4.1.1.\nAlternatively, the parties can identify and reference an exhibit in this\nsection that provides the detailed description of the Architect\u2019s Supplemental\nServices. The AIA publishes a number of Standard Form of Architect\u2019s Services\ndocuments that can be used as exhibits for this purpose."]]],[1,"p",[[0,[0],1,"\u00a7 4.1.2.2"],[0,[],0," This Section provides space\nfor the parties to provide a detailed description of the Owner\u2019s Supplemental\nServices identified in Section 4.1.1. Alternatively, the parties can identify\nand reference an exhibit in this section that provides the detailed description\nof the Owner\u2019s Supplemental Services."]]],[1,"p",[[0,[0],1,"\u00a7 4.2.3"],[0,[],0," Insert an agreed-upon\nnumber in each of the spaces provided."]]],[1,"p",[[0,[0],1,"\u00a7\n4.2.5"],[0,[],0,"\nInsert the number of months beyond which the Architect shall be entitled to\ncompensation as Additional Services. "]]],[1,"p",[[0,[0],1,"Article 8 Claims and Disputes"]]],[1,"p",[[0,[0],1,"\u00a7 8.2.4"],[0,[],0," Select from three choices of binding dispute resolution: (1)\narbitration, (2) litigation or (3) another method that the parties must\nidentify. Other types of dispute resolution include a dispute resolution board\nor a mini-trial. For additional information about other methods of dispute\nresolution, refer to "],[0,[2],1,"The Construction\nIndustry\u2019s Guide to Dispute Avoidance and Resolution"],[0,[],0," free online at\nwww.adr.org."]]],[1,"p",[[0,[0],1,"Article 11 Compensation"]]],[1,"p",[[0,[0],1,"\u00a7 11.1"],[0,[],0," Insert the basis of\ncompensation for the Architect\u2019s Basic Services. "]]],[1,"p",[[0,[],0," If the\nparties do not intend to utilize a stipulated sum method or percentage basis\nmethod, Section 11.1 allows the parties to identify another basis of\ncompensation. There are a number of other methods for computing compensation\nfor architectural services. Four of these methods are time-based, reflecting in\ndifferent ways the time spent by the Architect on the Project:"]]],[1,"p",[[0,[0],1,"Multiple of Direct Salary Expense"],[0,[],0,", in which direct salaries\nof designated personnel are multiplied by a factor representing benefits,\noverhead and profit."]]],[1,"p",[[0,[0],1,"Multiple of Direct Personnel Expense"],[0,[],0,", in which the salaries plus\nbenefits of designated personnel are multiplied by a factor representing\noverhead and profit."]]],[1,"p",[[0,[0],1,"Professional Fee Plus Expenses"],[0,[],0,", in which the salaries,\nbenefits and overhead of designated personnel are the expense and the fee may\nbe a multiplier, percentage or lump sum representing profit."]]],[1,"p",[[0,[0],1,"Hourly Billing Rates"],[0,[],0,", in which salaries,\nbenefits, overhead and profit are included in the rate for designated\npersonnel."]]],[1,"p",[[0,[],0,"Other methods, while they may be indirectly related\nto time expended on the Project, do not use time as a factor in the\ncalculation:"]]],[1,"p",[[0,[0],1,"Multiple of Consultants\u2019\nBilling"],[0,[],0,", in\nwhich Consultants\u2019 bills are multiplied by a factor representing the\nArchitect\u2019s administrative costs, overhead and profit."]]],[1,"p",[[0,[0],1,"Square Footage"],[0,[],0,", in which the square\nfootage of the structure is multiplied by a pricing factor."]]],[1,"p",[[0,[0],1,"Unit Cost"],[0,[],0,", in which the number of\ncertain units such as rooms, acres, etc., is multiplied by a pricing factor."]]],[1,"p",[[0,[0],1,"Royalty"],[0,[],0,", in which compensation is a\nshare in the Owner\u2019s income or profit derived from the built facility."]]],[1,"p",[[0,[],0,"The AIA makes no recommendation as to the\nappropriateness of any of these methods of compensation on a particular project,\nnor does the AIA suggest that the foregoing list includes all methods that are\npossible, practical or in actual use. The use of any of the compensation\nmethods described above, singly or in combination with other methods, is a\nbusiness decision for the Architect and the Owner. Further, the AIA makes no\nrecommendations and has no guidelines or schedules that specify the amount of\ncompensation an architect should be paid."]]],[1,"p",[[0,[],0,"Sample language is provided below for several of\nthe most widely used methods of compensation. "]]],[1,"p",[[0,[],0,"If a "],[0,[0],1,"Multiple\nof Direct Salary Expense"],[0,[],0," is used, include multipliers using words and\nnumerals in the following insert:"]]],[1,"p",[[0,[],0,"Compensation for services\nrendered by principals and employees shall be based on a multiple of ________\n(__) times Direct Salary Expense, which shall be defined as the direct salaries\nof the Architect\u2019s personnel engaged on the Project excluding any costs of\nmandatory or customary contributions and benefits. Compensation for services\nrendered by Consultants shall be based on a multiple of ________ (__) times the\namounts billed by Consultants."]]],[1,"p",[[0,[],0,"If a "],[0,[0],1,"Multiple\nof Direct Personnel Expense"],[0,[],0," is used, include multipliers using words and\nnumerals in the following insert: "]]],[1,"p",[[0,[],0,"Compensation for services\nrendered by principals and employees shall be based on a multiple of ________\n(__) times Direct Personnel Expense. Compensation for services rendered by\nConsultants shall be based on a multiple of ________ (__) times the amounts\nbilled by Consultants."]]],[1,"p",[[0,[],0,"If a "],[0,[0],1,"Professional Fee\nPlus Expenses"],[0,[],0," is to be used, include the dollar figure and the appropriate\nmultipliers (using words and numerals) in the following insert: "]]],[1,"p",[[0,[],0,"Compensation shall be a\nFixed Fee of ________ ($__) plus a multiple of ________ (__) times Direct\nPersonnel Expense. Compensation for services rendered by Consultants shall be\nbased on a multiple of ________ (__) times the amounts billed by Consultants."]]],[1,"p",[[0,[],0,"Alternatively, the fee\n(representing profit) may be calculated as a multiplier or percentage."]]],[1,"p",[[0,[],0,"If "],[0,[0],1,"Hourly Billing Rates"],[0,[],0,"\nare used, include the cumulative amount for salary, benefits, overhead and\nprofit to fix each rate using words and numerals in the following insert:"]]],[1,"p",[[0,[],0,"Compensation for services\nrendered by Principals and employees shall be based upon the hourly billing rates\nset forth below:"]]],[1,"p",[[0,[],0,"1. Principals\u2019 time at the\nfixed rate of ________ ($__) per hour. For the purposes of this Agreement, the\nPrincipals are: ("],[0,[2],1,"List Principals, such as owners, partners, corporate\nofficers and participating associates."],[0,[],0,")"]]],[1,"p",[[0,[],0,"2. Supervisory time at the\nfixed rate of ________ ($__) per hour. For the purposes of this Agreement,\nsupervisory personnel include: ("],[0,[2],1,"List managerial personnel by name or job\ntitle, such as general manager, department head or project manager."],[0,[],0,")"]]],[1,"p",[[0,[],0,"3. Technical Level I time at the fixed rate of ________ ($__) per hour.\nFor the purposes of this Agreement, Technical Level I personnel include: ("],[0,[2],1,"List\nthose personnel by name or job title who are highly skilled specialists, such\nas job captains, senior designers, senior drafters, senior planners, senior\nspecifiers or senior construction administrators."],[0,[],0,")"]]],[1,"p",[[0,[],0,"4. Technical Level II time\nat the fixed rate of ________ ($__) per hour. For the purposes of this\nAgreement, Technical Level II personnel include: ("],[0,[2],1,"List those personnel by name or job title who hold\nintermediate-level positions relative to Technical Level I, such as\nprofessionals awaiting licensure and managers of clerical staff."],[0,[],0,")"]]],[1,"p",[[0,[],0,"5. Technical Level III and\nclerical personnel time at the fixed rate of ________ ($__) per hour. For the purposes\nof this Agreement, Technical Level III and clerical personnel include: ("],[0,[2],1,"List\nthose personnel by name or job title who occupy junior-level positions, such as\nword processor or office assistant."],[0,[],0,")"]]],[1,"p",[[0,[],0,"6. Compensation for services\nrendered by Consultants shall be based on a multiple of ________ (__) times the\namounts billed by Consultants."]]],[1,"p",[[0,[],0,"No sample language is\nprovided for compensation based on square footage, unit cost or royalty.\nParties choosing one or more of these methods should craft their own language\nbased on the particulars of the Project."]]],[1,"p",[[0,[0],1,"\u00a7 11.2"],[0,[],0," See methods of compensation shown above for\nSection 11.1."]]],[1,"p",[[0,[0],1,"\u00a7 11.3"],[0,[],0," See methods of compensation shown above for\nSection 11.1."]]],[1,"p",[[0,[0],1,"\u00a7 11.4"],[0,[],0," See methods of compensation shown above for\nSection 11.1, if other than a percentage of the invoiced amount."]]],[1,"p",[[0,[0],1,"Article 12 Special Terms and Conditions"]]],[1,"p",[[0,[],0,"Insert any modifications to the standard text of the\ndocument, if the modifications are not otherwise inserted elsewhere in the\ndocument. For more information about modifying the document, refer to the\nModifications section of these Instructions. "]]]]}
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Instructions for AIA Document B133™–2019, standard form of agreement between Owner and Architect intended for use on projects where an Owner employs a Construction Manager to act as an adviser during the preconstruction phase.
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Instructions: B133-2019