This article lists documents which may be useful when discussing and defining contractual aspects of BIM implementation on projects. These 3 documents have been designed to be used as a suite. They comprise:. It is not a stand-alone document, but must be attached as an exhibit to an existing agreement, such as AIA Document B— or A It is used at the outset of the project, prior to executing other contractual agreements between project team members, and before negotiating and finalising G and G The purpose of G is to document agreed protocols and procedures that will govern the transmission, use and exchange of digital data on a project, such as electronic project communications, submittals, contract documents and payment documents as soon as practical following the execution of E
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Athena Arsenal, LLC. Watertown, MA Telephone Number: Floyd Company, Inc. Bedford, MA Paragraph deleted. Construction of new parking garage sited on the west end of the athenahealth campus in Watertown, MA, and associated site development and utility work. The Architect:.
Boston, MA Telephone: The Owner and Contractor agree as follows. The author of this document has added information needed for its completion.
The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.
A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is not intended for use in competitive bidding. Do not use with other general conditions unless this document is modified.
All rights reserved. Copyright Law and International Treaties. User Notes: athena - West Garage 8. Paragraphs deleted. The Contract Documents consist of this Agreement, Conditions of the Contract General, Supplementary and other Conditions , Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.
The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.
The priority for interpreting conflicts in the Contract Documents is set forth in Section 1. The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.
Such preconstruction services shall continue to be performed under this Agreement. Compensation to the Contractor on account of such preconstruction services shall be in accordance with the terms of the Preconstruction Services Agreement previously entered into by the parties.
If, in the course of its review of the design documents or its investigation of existing conditions or otherwise, the Contractor has discovered within the Drawings and Specifications or other design documents any errors, inconsistencies, ambiguities, omissions, lack of coordination or other discrepancies, non-compliance with building codes or other applicable laws, or constructability concerns collectively, " discrepancies or omissions" , the Contractor shall promptly notify the Owner and the Architect in writing.
The Contractor shall not be entitled to make a claim for additional cost or extension of time based on i any discrepancies or omissions in the design documents on which the Guaranteed Maximum Price is based, if the Contractor discovered such discrepancies or omissions during its review of the design documents but did not notify the Owner and the Architect as provided, or ii any alleged failure of the Construction Documents to be constructible, or iii existing conditions at the site, if such existing site conditions were discovered by the Contractor during the preconstruction phase or should have been discovered by the Contractor in the exercise of reasonable care as a construction manager in the investigation of existing conditions at the site.
The Owner agrees to a exercise best efforts to furnish and b approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. The Contractor shall achieve Substantial Completion of the. Work no later than the Required Substantial Completion Date, and shall achieve final completion of the Work no later than sixty 60 days after Substantial Completion, subject to adjustments of the Contract Time as provided in the Contract Documents.
Contractor Fee shall be equal to two and three quarters percent 2. Table deleted. To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Contractor shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom.
Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order.
A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract;. A list of the clarifications and assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 5.
A date by which the Owner must accept the Guaranteed Maximum Price not less than 30 days. In the event that the Owner discovers any inconsistencies or inaccuracies in the information presented, appropriate adjustments shall be made to the Guaranteed Maximum Price proposal, its basis, or both.
The GMP Amendment shall set forth the agreed upon Guaranteed Maximum Price also referred to in the Contract Documents as the " GMP " with the information and assumptions upon which it is based, including the date by which the Contractor shall achieve Substantial Completion of the Work.
If the Contractor determines that the Cost of the Work associated with any Allowance item is likely to exceed the corresponding Allowance amount listed for such item, the Contractor shall promptly notify the Owner in writing. If the actual Cost of the Work associated with any Allowance item is less than the corresponding cost for such item as listed, the Guaranteed Maximum Price shall be reduced by the difference between the cost for such item as listed and the actual cost of such item and the Contractor shall execute a Change Order so reducing the Guaranteed Maximum Price.
Mark-ups payable to Subcontractors shall be as specified in the General Conditions of the Contract. Additional compensation to the Contractor on account of general conditions, general requirements, superintendence or overhead in connection with a change in the Work shall be allowed only if the Contractor can demonstrate that the change in the Work requires the Contractor to devote additional manpower or other resources on the Project.
Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 7. The parties shall endeavor to identify any such costs prior to executing this Agreement.
All such costs are included in the stipulated hourly billing rates set forth in Exhibit G. The stipulated billing rates set forth in Exhibit G are not subject to audit. The stipulated billing rates set forth in Exhibit G are subject to annual adjustment as provided in Section 6. Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts.
Cost for items previously used by the Contractor shall mean fair market value. Rental rates for Contractor-owned and Related Party hereafter defined owned equipment shall not exceed the standard rate paid at the place of the Project. The Contractor shall pay any excess rental charges outside of the Cost of the Work.
Such costs include routine and preventative maintenance, minor repairs and other incidental costs. Major repairs and overhauls are not considered routine and ordinary. Consequently, such costs are not reimbursable and are intended to be covered by the rental rates. Outgoing shipping costs to another project are not reimbursable, and are the responsibility of the Contractor. The Contractor shall not enter into any agreement which requires the payment of royalties or license fees without the prior written consent of the Owner.
If such royalties, fees and costs are excluded by the last sentence of Section 3. The term "Related Party" includes any member of the immediate family of any person identified above.
If any such approval is given, the award of a contract for such work shall be subject to such conditions as the Owner may determine. The Contactor or Related Party shall be permitted to perform such trade Work only if i the Owner consents thereto in writing after full disclosure in writing by the Contractor to the Owner of the affiliation or relationship of the Related Party to the Contractor and ii the Owner approves in writing any subcontract, contract, purchase order, agreement or other arrangement between the Contractor and such Related Party in form and substance.
Such agreement shall, without limitation, satisfy all requirements for Subcontractors as set forth in Section 5. The costs of all items listed in Exhibit E under the heading General Conditions that may be required such items are sometimes referred to in the Contract Documents collectively as the " General Conditions Work" , are referred to herein collectively as the " General Conditions Costs. The Contingency excludes costs and expenses associated with concealed conditions not reasonably anticipated, design defects or deficiencies, or changes in the Work, all of which shall be borne by the Owner via a Change Order.
The Contractor shall provide written notice to the Owner and shall identify items and amounts for which the Contractor seeks to use the Contingency. After the GMP has been agreed to by the parties, as subcontracts and supply contracts are awarded as provided in Article 10, if the contract price of any subcontract as awarded is less than the amount carried for such subcontract in the GMP Breakdown Schedule of Values , the Contingency shall be increased by the amount of such savings, and if the contract price of any subcontract as awarded is higher than the amount carried for such subcontract in the GMP Breakdown an " Overrun " , the Contingency shall be decreased by the amount of such Overrun.
Any savings adjustments added to the Contingency will be reviewed in connection with monthly requisitions. Examples of such unanticipated conditions, circumstances and events include, but are not limited to, the following:. The Contingency can be used only for Cost of the Work.
In the event the Contingency funds are exhausted, the GMP shall not be increased. If it is necessary to repair or correct damaged or nonconforming Work: i if responsibility for such damaged or nonconforming Work can be attributed to a Subcontractor, Sub-subcontractor, supplier or other identifiable party, responsibility for any costs associated with such repair or correction to the extent not reimbursed by insurance proceeds, i.
If the Contractor believes that the damaged or nonconforming work was caused by the Owner or a third party and without fault or negligence of the Contractor, a Subcontractor, Sub-subcontractor or supplier, then the Contractor shall request a change in the Work or make a claim for additional cost as provided in the Contract Documents. Costs due to the gross negligence or failure of the Contractor, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility under the Contract;.
Any cost not specifically and expressly described in Article 7;. Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded;. Costs or losses resulting from lost, damaged or stolen tools and equipment, except that such costs shall be reimbursable to the extent included in the GMP breakdown as accepted by the Owner;.
Penalties, fines or other costs imposed by governmental authorities in connection with, or resulting from any violation of or non-compliance with laws, codes, regulations, ordinances or directives from any governmental authority;. Any legal fees, mediation or arbitration costs or claim-related expenses incurred by the Contractor, unless the same are incurred at the written direction of, or with the prior written approval of, the Owner;.
Any cost incurred by the Contractor or any Subcontractor as a result of knowing violation of or failure to comply with the provisions of the Contract Documents;. Costs incurred by the Contractor after its application for final payment. Any other self-insured losses, or costs covered by any insurance carried by the Contractor or a Subcontractor, or costs which would have been covered by insurance but for failure of the Contractor or Subcontractor to maintain the insurance coverage required by the Contract Documents, shall not be reimbursable as Cost of the Work;.
Any costs or expenses in connection with any indemnity provided by Contractor pursuant to the Contract Documents;. Costs incurred or paid for recruiting employees whether to third party recruiters or to employees ; and. Severance or similar payments on account of terminated employees. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained.
The Contractor shall not obtain for its own benefit any discounts, rebates or refunds in connection with the Work prior to providing the Owner with thirty 30 days prior written notice of the potential discount, rebate or refund and an opportunity to furnish funds necessary to obtain such discount, rebate or refund on behalf of the Owner in accordance with the requirements of this Section 9.
In accordance with the Construction Schedule, or other schedule agreed upon between the Owner and the Contractor, the Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment based on bid lists previously reviewed by the parties.
Except as otherwise approved by the Owner, a minimum of three bids shall be solicited for each trade or other portion of the Work.
Subcontractor bid packages shall be prepared by the Contractor and shall include a trade-specific scope definition, and a complete detailed construction schedule prepared by the Contractor and approved by the Owner and the Architect. The Contractor shall be responsible for reviewing all Construction Documents included in such bid packages, so as to ensure that the Subcontractor bids, taken together, include all necessary construction work for the Project.
The buyout procurement of Subcontractors and suppliers to perform or supply all portions of the Work will be conducted on an "open-book" basis.
The Owner and the Contractor shall jointly review all bids and proposals submitted. The Contractor shall analyze and level the bids, and prepare a spreadsheet and recommendation for each trade. The Owner and its representatives may, at their election, participate in all negotiations and attend all pre-bid conferences, buyout meetings and other meetings between the Contractor and.