This insurance and bonds exhibit forms an integral part of AIA Document A133–2019 and allows the parties to establish key insurance terms related to the Project. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. Section 184.108.40.206 will allow these costs to be included in the Cost of the Work if approved in advance by the Owner. This draft was produced by AIA software at 12:47:34 on 12/28/2012 under Order No.1080220214_1 which expires on 04/12/2013, and is not for resale. Insert the percent to be retained from Work the Construction Manager self-performs. It is also important to note that additional insurance provisions are included in Article 11 of AIA Document A201–2017, including a requirement that insurance and bonds be issued by companies lawfully licensed to issue insurance and bonds, as the case may be, in the jurisdiction where the Project is located. The only value guaranteed by the Construction Manager is the Guaranteed Maximum Price and individual line items on the schedule of values may be exceeded provided the Guaranteed Maximum Price is not exceeded. A representative will respond in a timely manner. If decisions on alternates are to be made subsequent to execution of the Guaranteed Maximum Price Amendment, attach a schedule showing the amount of each alternate and the date it expires. The only value guaranteed by the Construction Manager is the Guaranteed Maximum Price and individual line items on the schedule of values may be exceeded provided the Guaranteed Maximum Price is not exceeded. The Construction Phase commences upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price Proposal or the Owner issues a Notice to Proceed (whichever occurs earlier), and the Construction Manager will be compensated for its actual costs, as defined in Section 6.1.1, plus the Construction Manager’s Fee, subject to the Guaranteed Maximum Price. If the rate of interest on late payments is to be different from the legal rate, insert the agreed-upon rate of interest. 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. For all document details and a record of changes, see the summary ». The construction manager provides the owner with a guaranteed maximum price proposal, which the owner may accept, reject, or negotiate. A key change between A133-2019 and A133–2009 is the addition of this initial information section. This new section provides the process for termination if the parties do not agree on a Guaranteed Maximum Price, and how the Construction Manager will be compensated in that situation. Any formalities to indicate the authority of the signatories which were done for the original Agreement should also be carried out for this Amendment. The Owner frequently pays the Construction Manager the bulk of the earned sum when payments fall due, retaining a percentage to ensure faithful performance. The construction manager provides the owner with a guaranteed maximum price proposal, which the owner may accept, reject, or negotiate. Other information may be added, such as telephone numbers and electronic addresses. Document A133™ – 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Init. References in A133–2019 to the General Conditions refer specifically to A201–2017. The AIA encourages you to discuss AIA Document A133–2019 Exhibit B, 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. This section adds recommendations regarding equipment, materials, services, and temporary Project facilities to the Construction Manager’s preconstruction services. This replaces Article 8 of A133–2009 with AIA Document A133–2019 Exhibit B. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. A representative will respond in a timely manner. Users are encouraged to consult an attorney before completing or modifying a document. Mediation is a non-binding process but is mandatory under the terms of this agreement. § 1.1.6 Sustainable Objective. 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. § 5.1.4 Enter the percentage cap that will be used to determine the rental rates for Construction Manager-owned equipment. Fill points are provided for specification of the types and limits of insurance to be provided by the Construction Manager in the Preconstruction Phase. As in the other AIA Contract Documents, the Architect’s full legal or corporate title should be used. The date represents the date the Agreement becomes effective. Insert a Guaranteed Maximum Price for the Cost of the Work and the Construction Manager’s Fee. If the parties do not identify an Initial Decision Maker, then the Architect will provide initial decisions. Insert the date by which Owner shall make final payment, if it differs from the one stated. AIA Document A133–2009 is coordinated for use with AIA Documents A201®–2017, General Conditions of the Contract for Construction, and B133. Details on completing AIA Document Exhibit B are included below. 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. Arbitration may be mandatory under the terms of this agreement. § 220.127.116.11 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. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, firstname.lastname@example.org. User Notes: (1481206648) 1 § 14.3 Insurance and Bonds. It incorporates alterations proposed by architects, construction managers, owners and professional consultants.
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