A134-2019 also includes an Insurance and Bonds Exhibit (Exhibit A), which is a critical part of the agreement, and should be discussed with legal and insurance counsel. 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. •Versions of AIA Documents A101™, A201™, A401™, B101™ B103™ and C401™. Note: 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 this Agreement. developed specifically for use on sustainable projects are also available (e.g., Details on completing AIA Document Exhibit A are included below. Failure to use AIA Document A134–2019 Exhibit A could result in the parties having little or no insurance coverage to respond to a loss or third party claim related to the Project. Note that AIA Documents E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, and any applicable Sustainability Plan may be incorporated as a Contract Document. This can be used when portions of the Work will be completed and occupied by the Owner prior to Substantial Completion of the entire Work. The AIA does not administer dispute resolution processes. These documents get updated on a 10-year revision cycle. 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. § 3.3.1.3.2 This section has been added to allow for Substantial Completion of certain phases of the Project to be completed prior to the Substantial Completion date for the entire Work set forth in Section 3.3.1.3.1 (tiered Substantial Completion dates). Previous sections 2.3.2.1 and 2.3.2.2 were moved to Article 9 and Section 2.3.2.3 was deleted. References in A134–2019 to the General Conditions refer specifically to A201–2017. A key change between A134-2019 and A134–2009 is the addition of this initial information section. § 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. For more information on participating on a project with a Sustainable Objective, please see AIA Document D503™, Guide for Sustainable Projects. Insurance and Bonds. Next February, the AIA will release its updated Construction Manager as Adviser (CMa) family of documents. Section 7.9.1.2 will allow these costs to be included in the Cost of the Work if approved in advance by the Owner. Arbitration is binding in most states and under the Federal Arbitration Act. § 14.4 Section 1.6 of AIA Document A201–2017 allows the Owner and the Construction Manager to provide notice in electronic format. The AIA does not administer dispute resolution processes. General changes have been made throughout Article 7 to clarify the meaning of provisions relating to costs to be reimbursed. § 7.1 Costs to be Reimbursed. 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. AIA Document A133–2009 is coordinated for use with AIA Documents A201™–2007, General Conditions of the Contract for Construction, and Details on completing AIA Document Exhibit A are included below. The American Institute of Architects (AIA) is releasing thirteen new and updated Construction Management (CM) documents, including the Construction Manager as Constructor (CMc) and the Construction Manager as Adviser (CMa) families. The provisions for the calculation of progress payments have been clarified and simplified to clearly delineate the basis for each progress payment. If the Owner identifies a Sustainable Objective, the parties will incorporate AIA Document E234–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into the Agreement to establish a process for creating a Sustainability Plan that will clearly define the parties’ responsibilities in terms of pursuing the Sustainable Objective. WASHINGTON – Nov. 6, 2019 - The American Institute of Architects (AIA) is releasing thirteen new and updated Construction Management (CM) documents, including the Construction Manager as Constructor (CMc) and the Construction Manager as Adviser (CMa) families. 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. The CMa documents will be released on Feb. 6, 2020. However, in AIA Document A134–2019 the construction manager does not provide a guaranteed maximum price (GMP). Mediation is a non-binding process but is mandatory under the terms of this agreement. This can be used when portions of the Work will be completed and occupied by the Owner prior to Substantial Completion of the entire Work. For use and execution of a document, see its instructions. AIA Contract Documents are the nearly 200 forms and contracts that define the relationships and terms involved in design and construction projects. This is not a change to the operation of the provision; it clarifies that these costs may only be included in the Cost of the Work if approved by the Owner. Agreement for Preconstruction Services Washington Department of Transportation – Ferries Division 2 1 subcontract bids, the Contractor shall submit, for review and approval by the Owner: a) a 2 Construction Management and Contract Plan outlining the subcontract packages with bid 3 package estimates and a procurement schedule for each package; b) an Outreach Plan Scope Revisions § 7.2.5 This new section clarifies that if the parties have agreed to a schedule of labor rates, those labor rates will remain unchanged for the duration of the Project unless the parties execute a Modification. 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. 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, but does not provide a guarantee of cost. This section was moved from its previous location as section 2.1.8. Should a document clarification result in a change in the contract scope or a change in the construction schedule, a change order will be required to make the proper adjustment in the contract. The fill points for the parties to appoint a Designated Representative have been moved to Article 1, Initial Information. VU Standard Scope of Preconstruction Services; VU GMP Preconstruction Form Agreement; VU Standard General Conditions AIA A201; Additions and Deletions Report to VU Standard General Conditions AIA A201 . Dispute Resolution—Mediation and Arbitration. Information regarding insurers and sureties admitted to write insurance or issue bonds in your jurisdiction can be found by contacting the insurance commissioner in each state. Only after the process described above does the contractor prepare and sign the AIA contract with the owner. Prepared by the AIA with the consensus of owners, contractors, attorneys, architects, engineers, and others, the documents have been finely tuned during their 131-year history. § 3.1.8 This section adds recommendations regarding equipment, materials, services, and temporary Project facilities to the Construction Manager’s preconstruction services. If the Owner identifies a Sustainable Objective, the parties will incorporate AIA Document E234–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into the Agreement to establish a process for creating a Sustainability Plan that will clearly define the parties’ responsibilities in terms of pursuing the Sustainable Objective. Substantive changes that were made to the CMc documents include greater flexibility to establish the CMc’s preconstruction phase services, and a provision permitting the parties to agree on startup of some of the work before execution of the guaranteed maximum price (GMP) amendment. This insurance and bonds exhibit forms an integral part of AIA Document A134–2019 and allows the parties to establish key insurance terms related to the Project. as • CMconsults with the Architect regarding design delegation services to be c provided by CMc in Construction Phase. This section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. Revisions to these documents include expansion of the CMa’s scope to include more review and analysis, in addition to coordination and management. Select the appropriate box and insert the date or number of days as appropriate. 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. The fill points for the parties to appoint a Designated Representative have been moved to Article 1, Initial Information. A134-2019 is drafted to be used in conjunction with a new Insurance and Bonds Exhibit (Exhibit A) which is a critical part of the agreement and should be discussed with legal and insurance counsel. On Nov. 15, the American Institute of Architects (AIA) plans to release its new and updated Construction Manager as Constructor (CMc) family of contract documents. These revisions are consistent with the format of AIA Document A103-2017. § 13.2.3 Termination by the Owner for Convenience. •New fill-point added to describe additional preconstruction services or to … Arbitration may be mandatory under the terms of this agreement. § 14.3 Insurance and Bonds. The Sustainable Objective is the Owner’s goal of incorporating Sustainable Measures into the design, construction, maintenance and operations of the Project to achieve a Sustainability Certification or other benefit to the environment, to enhance the health and well-being of building occupants, or to improve energy efficiency. This section has been included to allow the parties to incorporate certain optional documents as Contract Documents by checking the appropriate box. D. BASIC SERVICES: means and includes Services of a general nature that shall be performed and provided throughout all Phases of this Agreement. This provision works in conjunction with the revised notice provisions found in Article 1 of AIA Document A201–2017. Because A134 includes the Construction Manager’s preconstruction services, it is not possible to completely align the two documents. Visit aiacontracts.org. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act. Sustainable design and construction continues to rapidly evolve as owners are increasingly interested in incorporating sustainable features into projects. AIA Contract Documents are the nearly 200 forms and contracts that define the relationships and terms involved in design and construction projects. The Construction Manager’s services under this document are divided into two phases: the Preconstruction Phase and the Construction Phase, portions of which may proceed concurrently. New members are appointed to maintain a balance of viewpoints based on diversity, including geography, firm size, practice type, and area of expertise. AIA documents can be purchased with an unlimited-use annual license or as a single, customizable document. Exhibit B, Preconstruction Services; Exhibit C, Contractor’s Scope of Work; Exhibit D, Determination of the Cost of the Work; Exhibit E, Insurance and Bonds. The parties are free to define liquidated damages in this section as they may mutually agree; however, consultation with legal counsel is encouraged. Because A134 includes the Construction Manager’s preconstruction services, it is not possible to completely align the two documents. This insurance and bonds exhibit forms an integral part of AIA Document A134–2019 and allows the parties to establish key insurance terms related to the Project. consultants under contract to the AOC to provide design and construction documentation, and construction administration services for the project. This section requires the Construction Manager to assist in the development of protocols for the development, use, transmission, and exchange of digital data through the use of AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit. Fill points are provided for specification of the types and limits of insurance to be provided by the Construction Manager in the Preconstruction Phase. A Sustainable Projects Exhibit, E235-2019, was also developed to incorporate the role of the CMa in both the preconstruction and construction phases of a sustainable project. CMcs are brought on in the beginning of the preconstruction phase of a project to provide collaboration and input, which allows for greater … This document contains provisions for mediation and arbitration of claims and disputes. 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. § 7.2.2.1 A fill-point has been included in this section to allow the parties to provide for an agreement as to the allowable activities performed and percentage of time spent on activities related to the Work by the Construction Manager’s supervisory and administrative personnel performing Work at sites other than the Project site. A construction contract provides a legal binding agreement for both the owner and the builder that says the executed job will receive the specific amount of compensation. Where portions of the Work may be occupied and used prior to Substantial Completion of the entire Work, each portion of the Work can be described in this section and the Substantial Completion date for each portion of the Work may be indicated. AIA will provide two free webinars to learn more about the key changes to each set of CM documents: The revised 2019 CMc documents will be available on the AIA Contract Document’s website on Nov. 15. This section has been revised to clarify that the Owner is not the party responsible for selecting which Subcontractor bids will be accepted. The AIA Documents Committee received input from representatives of major CMc firms to update the CMc documents. •Contractor and Subcontractors build the work. This is not a change to the operation of the provision; it clarifies that these costs may only be included in the Cost of the Work if approved by the Owner. This replaces Article 8 of A134–2009 with AIA Document A134–2019 Exhibit A. A134–2019 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. § 7.9.1.2 Formerly Section 6.2.5, language allowing the Construction Manager to include bonuses, profit sharing, and other incentive compensation of Construction Manager’s personnel in the Cost of the Work, has been deleted and moved to this section under costs not to be reimbursed. § 11.1.6 The provisions for the calculation of progress payments have been clarified and simplified to clearly delineate the basis for each progress payment. Throughout. AIA updates construction management contract documents By Editor December 10, 2019 December 10, 2019 The American Institute of Architects has announced that it will issue 13 new and updated documents for its Construction Manager as Constructor (CMc) and Construction Manager as Adviser (CMa) series. 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. Changes discussed below are limited to those sections where changes will affect the category of cost allowable under the provision. § 14.3.2 Construction Phase. Section 1.1.6 requires the Owner to identify any anticipated Sustainable Objective it may have for the Project. For immediate release: Washington, D.C. – April 27, 2017 – The American Institute of Architects (AIA) today announced, at A’17 Conference on Architecture ,the release of the 2017 edition of the A201 family of documents. Prepared by the AIA with the consensus of owners, contractors, attorneys, architects, engineers, and others, the documents have been finely tuned during their 131-year history. Insert the policy limits for the types of coverages the Construction Manager will be required to maintain for the duration of its Preconstruction Phase Services. § 3.1.14 Other Preconstruction Services. This section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. The following supplements shall modify, change, delete from or add to “General Conditions of the Contract for Construction,” AIA Document A201, 7 … AIA Contract Documents are the nearly 200 forms and contracts that define the relationships and terms involved in design and construction projects. § 9.1 This section has been revised to clarify that the Owner is not the party responsible for selecting which Subcontractor bids will be accepted. 2 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 OWNER’S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES This replaces Article 8 of A134–2009 with AIA Document A134–2019 Exhibit A. D Determine designated services based on AIA Document B163, if applicable. For specifics about the use of E234–2019, please see the instructions accompanying the document. The American Institute of Architects is releasing thirteen new and updated Construction Management documents, including the Construction Manager as Constructor and the Construction Manager as Adviser families. § 14.4 A new provision is included that will allow the parties to describe how notice may be given in electronic format. Fill points are provided for specification of the types and limits of insurance to be provided by the Construction Manager in the Preconstruction Phase. The first part of the preconstruction phase involves gathering all involved in the project — including those responsible for their design, the construction, and also its end use. Qualified applicants for the AIA Documents Committee are licensed architects and members of the AIA actively engaged in the design and construction industry through employment in architectural firms or construction companies, or for building owners or developers. Similar to AIA Document A133™–2019, AIA Document A134–2019 is intended for use where a construction manager, in addition to serving as adviser to the owner during the preconstruction phase, also provides construction of the project. The B102 has no pre-defined scope of services and the B209 is the scope for Construction Contract Administration services only. A134–2019 addresses current industry practices relating to sustainable design. 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 adr.org. Before entering into a formal building contract a PCSA [Pre-Construction Services Agreement] is formed to appoint a specialist to employ contractors to carry out pre-construction services for the main client who guides them through the process of construction design and structural details. 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