Insurance and Bonds. 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. It was also edited to require the Construction Manager to exercise reasonable care in performing its Preconstruction Services. 2019 has been reorganized to better conform to the structure of similar AIA documents, including A103-2017, Owner/Contractor Agreement for Cost of the Work Plus a Fee without a Guaranteed Maximum Price. D Ascertain method for award of construction contract: l Direct selection l Competitive bidding (open or closed) l … AIA Document A134™–2019 is a standard form of agreement between Owner and Construction Manager and is intended for use on construction management projects where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price, and the cost is not fully known at the commencement of construction. This replaces Article 8 of A134–2009 with AIA Document A134–2019 Exhibit A. Because A134 includes the Construction Manager’s preconstruction services, it is not possible to completely align the two documents. The AIA encourages you to discuss AIA Document A134–2019 Exhibit A, along with Article 11 of AIA Document A201–2017, with your insurance broker and legal counsel so that insurance appropriate to your company and Project can be put in place before the start of construction. AIA Contract Documents are the nearly 200 forms and contracts that define the relationships and terms involved in design and construction projects. 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 default for providing notice in electronic format will be through the use of AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit. General changes have been made throughout Article 7 to clarify the meaning of provisions relating to costs to be reimbursed. Select the appropriate box and insert the date or number of days as appropriate. § 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). The AIA Documents Committee also met with industry representatives to obtain input for updating the Construction Manager as Adviser (CMa) documents. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, this section requires the Construction Manager to fulfill its Preconstruction Phase responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition. Preconstruction Services Contract, Construction Manager agrees to provide the Department a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. This replaces Article 8 of A134–2009 with AIA Document A134–2019 Exhibit A. This provision works in conjunction with the revised notice provisions found in Article 1 of AIA Document A201–2017. Also, learn about industry changes since the 2009 release of the AIA’s construction management documents. The parties are free to define liquidated damages in this section as they may mutually agree; however, consultation with legal counsel is encouraged. 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. 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. Section 1.1.6 requires the Owner to identify any anticipated Sustainable Objective it may have for the Project. Do not use this document if the Construction Manager will be providing a guarantee of cost (use AIA Document A133™–2019 for projects where a guaranteed maximum price will be provided). § 7.1 Costs to be Reimbursed. AIA Document A134–2019 is intended for use in conjunction with the following documents: A201®–2017, General Conditions of the Contract for Construction. Details on completing AIA Document Exhibit A are included below. The organizational revisions include renaming and renumbering several articles and relocating some sections. Rather, the Construction Manager is responsible for determining which Subcontractor bids will be accepted and the Owner, in consultation with the Architect, may choose to reject Subcontractors proposed by the Construction Manager. The parties are free to define liquidated damages in this section as they may mutually agree; however, consultation with legal counsel is encouraged. • Updated to allow parties more flexibility in crafting scope for preconstruction services. § 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. This section was moved from its previous location as section 2.1.8. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, this section requires the Owner to fulfill its responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition. § 5.1.2 A table has been added to list the hourly billing rates for the Preconstruction Phase services of the Construction Manager and the Construction Manager’s Consultants and Subcontractors. The contract includes the estimate which is now referred to as the budget, describes the scope of work, the schedule and the labor rates. This section has been revised to clarify that the Owner is not the party responsible for selecting which Subcontractor bids will be accepted. consultants under contract to the AOC to provide design and construction documentation, and construction administration services for the project. This section is divided into provisions for insurance and bond requirements for the Preconstruction Phase, and for the Construction Phase. Visit aiacontracts.org. Typically they are part of a two-stage tender process, used in the first stage to … This provision works in conjunction with the revised notice provisions found in Article 1 of AIA Document A201–2017. The fill points for the parties to appoint a Designated Representative have been moved to Article 1, Initial Information. D Determine what constitutes additional or supplemental services if basic services agreement is used. However, if the parties elect not to use AIA Document E203-2013, notice in electronic format may be given as specified by the parties in the fill point. If the Owner identified a Sustainable Objective in Article 1, this section requires the Construction Manager to fulfill its Preconstruction Phase responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition. 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 Contract Documents are the nearly 200 forms and contracts that define the relationships and terms involved in design and construction projects. 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. 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. 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. § 7.6.1.2 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. AIA Contract Documents Preconstruction Phase • Construction managers described wide variety of potential services. Visit aiacontracts.org for more information. § 15.2.5 This section has been included to allow the parties to incorporate certain optional documents as Contract Documents by checking the appropriate box. 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. This section has been included to allow the parties to incorporate certain optional documents as Contract Documents by checking the appropriate box. 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 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. , General Conditions of the Contract for Construction. 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. Pre-design services may include needs assessment, assessment of existing buildings, feasibility studies, site analysis, time requirements and limitations, and facilities programming. A key change between A134-2019 and A134–2009 is the addition of this initial information section. Your request has been sent to the appropriate AIA Contract The B102 has no pre-defined scope of services and the B209 is the scope for Construction Contract Administration services only. These revisions are consistent with the format of AIA Document A103-2017. Unlike previous editions of AIA Document A134, 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 included in the Exhibit A, Insurance and Bonds. This document contains provisions for mediation and arbitration of claims and disputes. 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. The fill points for the parties to appoint a Designated Representative have been moved to Article 1, Initial Information. 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 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. 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. Previous sections 2.3.2.1 and 2.3.2.2 were moved to Article 9 and Section 2.3.2.3 was deleted. 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). Another choice would be to use AIA B102-2007 in combination with AIA B209-2007. 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. A fill-point has been added in which the parties may specify a liquidated damages provision or amount. 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. For use and execution of a document, see its instructions ». This section has been revised to provide that the Construction Phase shall commence either upon the Owner’s approval of the Control Estimate, or, in the alternative, by written agreement of the parties prior to acceptance of the Control Estimate. Construction Contract Documents. AIA contract documents are also available as single, non-editable documents and as paper versions through some AIA chapters. Dispute Resolution—Mediation and Arbitration. Contact information for each state’s insurance commissioner can be obtained from the National Association of Insurance Commissioners. § 14.4 A new provision is included that will allow the parties to describe how notice may be given in electronic format. This new section requires the Construction Manager to revise and update its recommendations regarding constructability and schedules as the Architect progresses with the preparation of the design documents. It was also edited to require the Construction Manager to exercise reasonable care in performing its Preconstruction Services. 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. • CMcovides a preconstruction services staffing plan. This section was moved from its previous location as section 2.1.8. References in A134–2019 to the General Conditions refer specifically to A201–2017. Examine how these changes are addressed in the updated documents, including the expanded construction manager’s preconstruction services role and a new Sustainable Projects Exhibit. § 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. Throughout. SCOPE OF SERVICES Preconstruction Services The Preconstruction Phase is crucial to the success of the construction project. 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. § 11.1.7 A more prescriptive provision on retainage has been included that will allow the parties to clearly delineate the retainage amount, exclusions from retainage, and how retainage may be reduced at Substantial Completion. This new provision states that, after the Owner approves the Control Estimate, the parties will provide insurance and bonds as required in the insurance and bonds exhibit, AIA Document A134–2019 Exhibit A. A new provision is included that will allow the parties to describe how notice may be given in electronic format. New members are appointed to maintain a balance of viewpoints based on diversity, including geography, firm size, practice type, and area of expertise. Only after the process described above does the contractor prepare and sign the AIA contract with the owner. D Determine designated services based on AIA Document B163, if applicable. Details on completing AIA Document Exhibit A are included below. A checkbox has been added so that the parties can select when Substantial Completion of the entire Work will be achieved. AIA contract documents are also available as single, non-editable documents and as paper versions through some AIA chapters. § 3.3.1.3.1 A checkbox has been added so that the parties can select when Substantial Completion of the entire Work will be achieved. AIA Contract Documents are the nearly 200 forms and contracts that define the relationships and terms involved in design and construction projects. Unlike previous editions of AIA Document A134, 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 included in the Exhibit A, Insurance and Bonds. 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. AIA documents can be purchased with an unlimited-use annual license or as a single, customizable document. CMcs are brought on in the beginning of the preconstruction phase of a project to provide collaboration and input, which allows for greater efficiency from project inception. This release includes updated versions of the AIA’s flagship documents, developed for the design-bid-build delivery model. Contact information for each state’s insurance commissioner can be obtained from the National Association of Insurance Commissioners. A more prescriptive provision on retainage has been included that will allow the parties to clearly delineate the retainage amount, exclusions from retainage, and how retainage may be reduced at Substantial Completion. 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. •New fill-point added to describe additional preconstruction services or to … About AIA Contract Documents. 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. 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